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World Trade
            Report 2011
The WTO and preferential trade agreements:
          From co-existence to coherence
What is the World   The World Trade Report is an
Trade Report?
                    annual publication that aims to
                    deepen understanding about
                    trends in trade, trade policy
                    issues and the multilateral
                    trading system.



Using this report   The 2011 World Trade Report
                    is split into two main parts.
                    The first is a brief summary
                    of the trade situation in 2010.
                    The second part focuses on
                    the special theme of preferential
                    trade agreements.



Find out more       Website: www.wto.org
                    General enquiries:
                    enquiries@wto.org
                    Tel: +41 (0)22 739 51 11
Contents




Contents
Acknowledgements and Disclaimer                                                   2
Foreword by the Wto Director-General                                              3
executive summary                                                                 5


I       World trade in 2010                                                     18

II      The WTO and preferential trade agreements:
        From co-existence to coherence                                          40
     A Introduction                                                              42
	       1.	 Perspectives	and	insights	in	the	World	Trade	Report	2011	            44
	       2.	 Structure	of	the	report	                                             45
     B Historical background and current trends                                  46
	       1.	 The	formation	of	PTAs:	a	historical	perspective	                     48
	       2.	 The	evolution	of	PTAs:	stylized	facts	                               54
	       3.	 Trade	flows	related	to	PTAs	                                         63
	       4.	 How	preferential	is	trade?	                                          72
	       5.	 Conclusions	                                                         85
     C Causes and effects of PtAs: Is it all about preferences?                  92
	       1.	 Motives	for	PTAs	                                                    94
	       2.	 The	standard	economics	of	PTAs	                                     100
	       3.	 Going	beyond	the	standard	analysis	                                 109
	       4.	 Conclusions	                                                        114
	       Technical	Appendix:	Systemic	effects	of	PTAs	                           118
     D Anatomy of preferential trade agreements                                 122
	       1.	 Are	lower	tariffs	still	important	for	PTAs?	                        124
	       2.	 Patterns	in	the	content	of	PTAs	                                    128
	       3.	 Production	networks	and	deep	PTAs	                                  145
	       4.	 African	regional	cooperation:	lessons	from	deep	integration?	       151
	       5.	 Conclusions	                                                        153
	       Appendix	tables		                                                       157
     e the multilateral trading system and PtAs                                 164
	       1.	 Systemic	effects	of	preferential	tariff	liberalization	             166
	       2.	 Deep	PTA	provisions	and	the	multilateral	trading	system	            168
	       3.	 Regionalism	and	the	WTO:	historical	perspective	                    182
	       4.	 The	relationship	between	PTAs	and	the	WTO	                          187
	    F Conclusions                                                              196



statistical appendix                                                            199
Bibliography                                                                    228
technical notes                                                                 239
Abbreviations and symbols                                                       243
List of figures, tables, boxes and maps                                         245
Wto members                                                                     249
Previous World trade Reports                                                    250
                                                                                       1
WOrld Trade repOrT 2011




    acknowledgements
    The	World Trade Report 2011	was	prepared	under	the	           preparation.	 The	 authors	 are	 particularly	 grateful	 to	
    general	 direction	 of	 the	 Deputy	 Director-General	        several	individuals	in	the	Legal	Affairs	Division	(Valerie	
    Alejandro	Jara	and	supervised	by	Patrick	Low,	Director	       Hughes,	 Gabrielle	 Marceau	 and	 Edna	 Robles),	 the	
    of	the	Economic	Research	and	Statistics	Division.	The	        Trade	 in	 Services	 Division	 (Rolf	 Adlung)	 and	 Trade	
    writing	of	this	year’s	report	was	coordinated	by	Nadia	       Policies	 Review	 Division	 (Rohini	 Acharya,	 Jo-Ann	
    Rocha	 and	 Robert	 Teh.	 The	 principal	 authors	 of	 the	   Crawford,	 and	 Christelle	 Renard).	 The	 following	
    Report	 were	 Marc	 Bacchetta,	 Cosimo	 Beverelli,	 John	     individuals	 from	 outside	 the	 WTO	 Secretariat	 also	
    Hancock,	 Alexander	 Keck,	 Gaurav	 Nayyar,	 Coleman	         made	 useful	 comments	 on	 earlier	 drafts:	 Dale	
    Nee,	 Roberta	 Piermartini,	 Nadia	 Rocha,	 Martin	 Roy,	     Andrews,	Ann	Capling,	Manfred	Elsig,	Gary	Hufbauer,	
    Michele	 Ruta,	 Robert	 Teh	 and	 Alan	 Yanovich.	 Other	     Lena	 Lindberg,	 Xuepeng	 Liu,	 Mark	 Manger,	 Jean-
    written	 contributions	 were	 provided	 by	 Marc	 Auboin,	    Christophe	Maur,	Alessandro	Nicita,	Emanuel	Ornelas,	
    Manfred	 Elsig,	 Trudi	 Hartzenberg	 and	 Roy	 Santana.	      Joost	 Pauwelyn,	 John	 Ravenhill,	 Robert	 Staiger,	 Kati	
    Special	 acknowledgment	 is	 owed	 to	 Richard	 Baldwin	      Suominen,	 Tania	 Voon,	 Peter	 Williams,	 and	 John	
    for	 his	 many	 suggestions	 and	 contributions	 to	 the	     Whalley.	
    report.	Trade	statistics	information	was	provided	by	the	
    Statistics	 Group	 of	 the	 Economic	 Research	 and	          The	 production	 of	 the	 Report	 was	 managed	 by	
    Statistics	 Division,	 coordinated	 by	 Hubert	 Escaith,	     Paulette	 Planchette	 of	 the	 Economic	 Research	 and	
    Julia	 de	 Verteuil,	 Andreas	 Maurer	 and	 Jurgen	           Statistics	 Division	 in	 close	 cooperation	 with	 Anthony	
    Richtering.	Aishah	Colautti	assisted	in	the	preparation	      Martin,	Heather	Sapey-Pertin	and	Helen	Swain	of	the	
    of	 the	 graphical	 input	 and	 Paulette	 Planchette,	        Information	 and	 External	 Relations	 Division.	 The	
    assisted	 by	 Véronique	 Bernard,	 prepared	 the	             translators	 in	 the	 Languages,	 Documentation	 and	
    bibliography.	 Research	 assistance	 was	 provided	 by	       Information	Management	Division	worked	hard	to	meet	
    Hans	 Baumgartner,	 Pavel	 Chakraborty,	 Claudia	             tight	 deadlines.	 This	 year	 the	 WTO	 Secretariat	
    Hofmann,	Joelle	Latina,	Alen	Mlabdic,	Andreas	Lendle,	        launched	 a	 Webpage	 discussion	 on	 the	 topic	 of	 the	
    and	Gianluca	Orefice.	                                        World	 Trade	 Report	 2011.	 The	 Webpage,	 which	
                                                                  attracted	 many	 stimulating	 contributions,	 was	
    Other	 Divisions	 in	 the	 WTO	 Secretariat	 provided	        managed	 by	 Joelle	 Latina,	 in	 collaboration	 with	
    valuable	 comments	 on	 drafts	 at	 various	 stages	 of	      Anthony	Martin.




       disclaimer
       The	 World Trade Report	 and	 any	 opinions	 reflected	 therein	 are	 the	 sole	 responsibility	 of	 the	 WTO	
       Secretariat.	They	do	not	purport	to	reflect	the	opinions	or	views	of	members	of	the	WTO.	The	main	authors	
       of	 the	 Report	 also	 wish	 to	 exonerate	 those	 who	 have	 commented	 upon	 it	 from	 responsibility	 for	 any	
       outstanding	errors	or	omissions.

2
FoReWoRD




Foreword by the WTO director-General
This	year's	World Trade Report	takes	an	in-depth	fresh	            As	 tariff	 preferences	 have	
look	 at	 preferential	 trade.	 The	 choice	 of	 this	 topic	      diminished	 in	 importance,	
reflects	 two	 significant	 trends	 in	 international	 trade	      non-tariff	 measures	 have	
relations,	both	of	which	carry	far-reaching	implications	          become	 relatively	 more	
for	 the	 multilateral	 trading	 system.	 The	 first	 and	 most	   significant	as	determinants	
readily	 evident	 of	 these	 is	 the	 continuing	 growth	 and	     of	 market	 access	 and	 the	
increasing	 prominence	 of	 preferential	 trade	                   conditions	 of	 competition.	
agreements	 (PTAs).	 In	 the	 last	 two	 decades,	 the	            Non-tariff	 measures	 come	
number	of	PTAs	has	increased	more	than	four-fold,	to	              in	many	shapes.	They	may	
around	 300	 active	 agreements	 today.	 There	 is	 no	            be	 designed	 to	 influence	
reason	 to	 assume	 that	 PTAs	 will	 cease	 to	 grow	 in	         competitive	 conditions	 in	
number	or	that	they	will	not	form	part	of	the	long-term	           markets,	just	like	tariffs,	or	
tapestry	of	international	trade	relations.	Secondly,	the	          they	 may	 focus	 on	 public	
content	 of	 PTAs	 continues	 to	 evolve	 and	 deepen,	            policy	 concerns	 such	 as	
reflecting	 important	 changes	 in	 the	 world	 economy.	          health,	 safety,	 and	 the	
This	 too	 raises	 vital	 questions	 about	 the	 focus	 and	       environment.	 These	 public	
reach	 of	 the	 WTO,	 and	 the	 value	 assigned	 by	               policy	interventions	also	have	trade	consequences	and	
governments	to	globally-based	trade	relations.	                    may	be	more	or	less	discriminatory	in	their	effects.	

The	perennial	concern	about	the	relationship	between	              For	 the	 most	 part,	 it	 would	 seem	 that	 non-tariff	
the	multilateral	trading	system	and	PTAs	has	provoked	             measures	 of	 the	 public	 policy	 variety	 have	 remained	
different	reactions	among	commentators	and	analysts.	              focused	 on	 consumer	 welfare	 and	 not	 benefits	 to	
Some	 would	 emphasize	 a	 clash	 of	 systems	 and	                producers.	 However,	 the	 fact	 that	 interventions	
inherent	 inconsistencies	 between	 discriminatory	 and	           putatively	 designed	 to	 protect	 consumers	 may	 also	
non-discriminatory	 approaches	 to	 trade	 relations.	             favour	 producers	 can	 lead	 to	 concerns	 over	 hidden	
Others	would	point	to	the	growing	prominence	of	PTAs	              protection	 and	 unwarranted	 market	 segmentation.	 In	 a	
as	a	reflection	of	the	demise	of	multilateralism.	Others	          world	where	the	WTO	is	having	difficulty	advancing	an	
still	 would	 assert	 that	 regional	 and	 multilateral	           updated	 multilateral	 agenda,	 the	 risks	 of	 preference-
arrangements	 are	 in	 essence	 complementary	 and	                based	 discrimination	 and	 market	 disintegration	 built	
need	 to	 be	 fashioned	 accordingly.	 None	 of	 these	            around	regulatory	divergence	should	not	be	disregarded.	
perspectives	 can	 singly	 capture	 the	 complexity	 of	
international	trade	relations	in	a	globalizing	world.	             An	 important	 additional	 element	 in	 the	 equation,	
                                                                   stemming	 from	 the	 emergence	 of	 supply	 chain	
Our	 report	 seeks	 to	 navigate	 a	 way	 through	 these	          production	 as	 a	 prominent	 mode	 of	 twenty-first-
complexities	 in	 bringing	 new	 data	 and	 analyses	 to	          century	integration,	is	that	new	regulatory	matters	are	
understand	these	issues.	It	acknowledges	the	multiple	             increasingly	 on	 PTA	 agendas.	 These	 include	 issues	
motivations	 for	 preferential	 approaches.	 At	 the	 same	        such	 as	 investment,	 competition	 policy,	 government	
time,	the	report	identifies	important	ways	in	which	the	           procurement	and	harmonization	or	mutual	recognition	
focus	 of	 trade	 policy,	 particularly	 of	 the	 preferential	    of	product	and	process	standards.	The	report	analyses	
variety,	is	being	reshaped	to	reflect	the	consequences	            the	 content	 of	 a	 large	 number	 of	 PTAs	 in	 terms	 of	
of	 past	 policies	 as	 well	 as	 changes	 in	 production	         whether	 they	 augment	 WTO	 provisions	 in	 particular	
structures	internationally.	                                       policy	areas	and	introduce	entirely	new	issues.	Both	of	
                                                                   these	 tendencies	 are	 identified	 in	 many	 PTAs,	
In	earlier	times	PTAs	were	most	likely	to	be	motivated	            particularly	 those	 that	 have	 entered	 into	 force	 more	
by	 the	 desire	 to	 avoid	 relatively	 high	 most-favoured	       recently.	Here,	then,	is	another	reason	why	we	need	to	
nation	 (MFN)	 tariffs.	 The	 theory	 on	 free	 trade	 areas	      remain	attentive	to	policy	fragmentation.	To	the	extent	
and	customs	unions	mirrored	this	reality	by	placing	the	           that	 the	 desire	 for	 deeper	 integration	 under	 PTAs,	 in	
notions	 of	 trade	 creation	 and	 trade	 diversion	 centre-
                                                                   both	WTO	and	non-WTO	areas	of	regulation,	is	driven	
stage.	 At	 the	 same	 time,	 considerable	 attention	 has	
                                                                   by	 the	 logic	 of	 vertically	 integrated	 international	
been	 paid	 to	 the	 discriminatory	 effects	 of	 rules	 of	
                                                                   production	 structures,	 one	 is	 less	 likely	 to	 encounter	
origin	on	the	trade	of	third	parties.	More	recently,	this	
                                                                   discriminatory	 intent	 lurking	 behind	 regulatory	
context	 has	 lost	 some	 of	 its	 relevance	 because	
                                                                   cooperation	in	PTAs.	But	we	should	be	mindful	of	the	
underlying	 realities	 have	 changed.	 As	 the	 report	
                                                                   possibility	 that	 even	 in	 the	 absence	 of	 intent,	 market	
documents,	 average	 tariffs	 have	 fallen	 markedly	 in	
                                                                   segmentation	 and	 discriminatory	 outcomes	 could	 be	
recent	 years,	 making	 tariff	 preferences	 a	 more	 minor	
                                                                   an	unavoidable	consequence	of	these	arrangements.	
motivation	 for	 entering	 into	 PTAs.	 Furthermore,	 it	
seems	 that	 where	 MFN	 tariffs	 remain	 high	 they	 are	
                                                                   The	 report	 pays	 explicit	 attention	 to	 the	 question	 of	
also	excluded	from	preferential	reductions,	additionally	
                                                                   what	is	needed	in	a	multilateral	context	to	ensure	that	
weakening	this	motivation.
                                                                                                                                     3
WOrld Trade repOrT 2011




    PTAs	and	the	WTO	do	not	simply	run	on	parallel	tracks,	             Thirdly,	 to	 the	 extent	 that	 PTAs	 are	 motivated	 by	 a	
    offering	 plentiful	 opportunities	 for	 inconsistency	 and	        desire	 for	 deeper	 integration	 rather	 than	 market	
    conflict.	 This	 focus	 explains	 the	 subtitle	 of	 the	 report	   segmentation,	 there	 could	 be	 a	 role	 for	 the	 WTO	 to	
    –	“From	co-existence	to	coherence”.	What	then,	should	              promote	greater	coherence	among	non-competing	but	
    the	 WTO	 be	 doing?	 It	 has	 often	 been	 said	 that	 if	 the	    divergent	 regulatory	 regimes	 that	 in	 practice	 cause	
    WTO	 made	 progress	 in	 multilateral	 negotiations,	 both	         geographical	 fragmentation	 or	 raise	 trade	 costs.	 This	
    on	 market	 access	 and	 rules,	 this	 would	 soften	 the	          agenda	 has	 been	 referred	 to	 as	 multilateralizing	
    likelihood	 of	 clashes	 and	 inconsistencies	 with	 PTAs.	         regionalism.	 In	 some	 cases	 the	 multilateralization	
    This	is	undoubtedly	a	valid	point,	but	the	experience	of	           effect	 occurs	 de facto	 because	 regulatory	 reforms	
    the	 Doha	 Development	 Round	 during	 the	 last	 decade	           undertaken	 in	 a	 PTA	 context	 are	 applied	 in	 a	 non-
    has	raised	questions	about	the	ability	and	willingness	             discriminatory	 manner.	 This	 MFN	 dividend	 could	 be	
    of	 governments	 to	 advance	 the	 multilateral	 agenda.	 It	       built	 upon	 in	 other	 policy	 areas.	 The	 feasibility	 of	 this	
    has	 also	 raised	 the	 need	 to	 connect	 the	 multilateral	       approach	would	need	to	be	researched	further.
    and	bilateral	“brains”	of	trade	policy	drivers	and	actors.	
    We	 need	 a	 better	 record	 if	 we	 are	 to	 attain	 greater	      Whatever	view	one	takes	of	precisely	how	to	promote	
    coherence	 between	 the	 WTO	 and	 PTAs	 through	                   a	global	orientation	in	trade	relations,	there	is	no	doubt	
    successful	multilateral	negotiations.                               that	 we	 need	 to	 build	 towards	 a	 more	 stable	 and	
                                                                        healthier	 trading	 environment,	 where	 alternative	 trade	
    A	 second	 possibility	 is	 to	 continue	 the	 quest	 for	          policy	approaches	are	mutually	supportive	and	balance	
    greater	legal	clarity	and	detail	in	the	WTO	rules	about	            equitably	the	needs	of	all	nations.	It	is	to	the	discussion	
    what	 is	 permissible	 under	 PTAs.	 Progress	 here	 could	         of	 this	 agenda	 that	 this	 year's	 World Trade Report	
    blunt	 the	 likelihood	 of	 damaging	 discriminatory	               seeks	 to	 make	 a	 contribution.	 I	 hope	 members	 will	
    outcomes	 under	 PTAs,	 whether	 intentional	 or	                   have	a	first	opportunity	to	consider	some	of	the	issues	
    otherwise.	 Here	 again,	 however,	 years	 of	 effort	 in	 the	     in	 this	 report	 at	 the	 upcoming	 8 th	 WTO	 Ministerial	
    Doha	 Round	 and	 before	 to	 address	 multilateral	                Conference	in	December	2011.
    provisions	on	PTAs	have	yielded	limited	results.	It	is	for	
    governments	 to	 determine	 whether	 they	 need	 greater	
    legal	 certainty	 in	 this	 domain.	 If	 they	 do,	 perhaps	 a	
    more	 circuitous	 route	 to	 the	 objective	 is	 precisely	 the	
    one	 that	 members	 have	 recently	 embarked	 upon.	 The	
    provisional	 establishment	 of	 the	 Transparency	
    Mechanism	 for	 Regional	 Trade	 Agreements	 may	 pave	
    the	way	for	non-litigious	deliberations	that	could	build	
    confidence	 and	 understanding	 among	 members	
    regarding	the	motives,	contents	and	policy	approaches	
    underpinning	regional	initiatives,	leading	over	time	to	a	          Pascal Lamy
    shared	vision	and	reinforced	legal	provisions.	                     Director-General




4
exeCutIve summARy




executive summary
Section a: Introduction                                            Section B: Historical background
                                                                   and current trends
The	 report	 is	 divided	 into	 four	 main	 parts.	 The	 first	
provides	 an	 historical	 analysis	 of	 preferential	 trade	
agreements	 (PTAs)	 and	 a	 description	 of	 the	 current	
                                                                   the formation of trading blocs:
landscape.	 It	 documents	 the	 large	 increase	 in	 PTA	          a historical perspective
activity	 in	 recent	 years,	 breaking	 this	 down	 by	 region,	
level	of	economic	development,	and	type	of	integration	            Global trade relations have never been uniform or
agreement.	It	provides	a	precise	estimate	of	how	much	             monolithic and regional trading arrangements
trade	in	PTAs	receives	preferential	treatment.	                    have been around for centuries.

The	 second	 section	 discusses	 the	 causes	 and	                 Regional	 trading	 arrangements	 have	 encompassed	
consequences	 of	 PTAs,	 focusing	 on	 both	 economic	             empires	 and	 colonial	 spheres	 of	 influence,	 bilateral	
and	 political	 factors.	 A	 distinction	 is	 made	 between	       commercial	 treaties	 and,	 more	 recently,	 multilateral	
shallow	 and	 deep	 integration	 in	 order	 to	 suggest	 that	     agreements.	 They	 have	 often	 overlapped	 and	
traditional	 theories	 do	 not	 fully	 explain	 the	 emerging	     interacted,	creating	a	trade	landscape	defined	less	by	
pattern	of	PTAs.	The	report	examines	in	particular	the	            clear-cut	 choices	 between	 regionalism	 and	
role	of	international	production	networks	in	prompting	            multilateralism	 –	 or	 discrimination	 and	 non-
the	creation	of	deep	PTAs.	                                        discrimination	 –	 than	 by	 the	 complex	 interplay,	 even	
                                                                   competition,	among	multiple	trade	regimes.	
The	 third	 section	 focuses	 on	 the	 policy	 content	 of	
PTAs,	with	particular	reference	to	the	depth	and	scope	            Despite	this	complexity,	in	more	recent	times	trade	co-
of	commitments	compared	with	those	contained	in	the	               operation	 has	 become	 broader	 and	 more	 inclusive.	
WTO	 agreements.	 It	 supports	 the	 link	 between	                Defining	 landmarks	 in	 this	 trend	 have	 been	 the	
production	 networks	 and	 PTAs	 with	 both	 statistical	          establishment	 of	 the	 GATT	 in	 1947	 and	 the	 WTO	 in	
evidence	and	case	studies.	                                        1995.	 At	 the	 same	 time,	 trade	 relations	 have	 become	
                                                                   deeper	 and	 more	 far-reaching,	 incorporating	 areas	
The	 final	 section	 identifies	 areas	 of	 synergies	 and	        such	as	services	trade,	foreign	investment,	intellectual	
potential	 conflicts	 between	 PTAs	 and	 the	 multilateral	       property	 and	 regulatory	 regimes.	 These	 tendencies	
trading	 system	 and	 examines	 ways	 in	 which	 the	 two	         are	a	clear	reflection	of	the	growing	integration	of	the	
“trade	systems”	can	be	made	more	coherent.                         world	 economy	 and	 the	 “internationalization”	 of	
                                                                   policies	that	were	once	considered	domestic.	In	some	
 See page 42                                                       cases,	regional	agreements	have	progressed	further	in	
                                                                   this	 direction	 than	 the	 over-arching	 multilateral	
                                                                   framework.	

                                                                   Progress	 has	 not	 been	 continuous,	 and	 there	 have	
                                                                   been	major	set-backs	and	reversals	along	the	way.	The	
                                                                   economic	depression	of	the	early	1870s,	for	instance,	
                                                                   effectively	brought	the	expansion	of	Europe's	bilateral	
                                                                   trade	treaties	to	an	end,	just	as	the	“Great	Depression”	
                                                                   of	the	early	1930s	helped	fuel	the	spread	of	defensive	
                                                                   and	 increasingly	 hostile	 trade	 blocs	 in	 the	 inter-war	
                                                                   period.	 Conversely,	 the	 push	 for	 a	 more	 open	 and	
                                                                   inclusive	 trading	 order	 has	 been	 strongest	 during	
                                                                   periods	 of	 economic	 expansion	 and	 international	
                                                                   peace.	A	main	justification	for	creating	the	GATT	in	the	
                                                                   post-war	period	was	the	widely	held	belief	that	hostile	
                                                                   trade	 blocs	 had	 contributed	 directly	 to	 the	 economic	
                                                                   chaos	 of	 the	 1930s	 and	 the	 outbreak	 of	 the	 Second	
                                                                   World	War.

                                                                   the establishment of the post-war multilateral
                                                                   trading system did not diminish the attraction of
                                                                   bilateral or regional approaches to trade
                                                                   arrangements and led instead to a period of
                                                                   creative interaction and sometimes tension
                                                                   between multilateralism and regionalism.
                                                                                                                                   5
WOrld Trade repOrT 2011




    The	 first	 wave	 of	 regionalism	 in	 the	 late	 1950s	 and	    reciprocal	 trade	 opening	 and	 by	 an	 increase	 in	 the	
    1960s	 was	 driven	 by	 Western	 Europe's	 push	 for	            number	 of	 PTAs	 per	 country.	 All	 WTO	 members	 (with	
    continental	integration,	leading	to	the	establishment	of	        the	exception	of	Mongolia)	belong	to	at	least	one	PTA.	
    the	 European	 Economic	 Community	 (EEC)	 in	 1957	
    and	 the	 European	 Free	 Trade	 Agreement	 (EFTA)	 in	          PtA activity has transcended regional boundaries.
    1960.	Throughout	this	period,	GATT	tariff	cutting	and	
    membership	 enlargement	 moved	 in	 tandem,	 first	 with	        One	half	of	the	PTAs	currently	in	force	are	not	strictly	
    the	 Dillon	 Round	 in	 1960-61	 and	 then	 with	 the	 much	     “regional”.	The	advent	of	cross-regional	PTAs	has	been	
    more	 ambitious	 Kennedy	 Round	 between	 1964	 and	             particularly	 pronounced	 in	 the	 last	 decade.	 The	 trend	
    1967.	                                                           towards	a	broader	geographical	scope	of	PTAs	is	even	
                                                                     more	 pronounced	 for	 those	 PTAs	 that	 are	 currently	
    Subsequent	 waves	 of	 regionalism,	 from	 around	 the	          under	 negotiation	 or	 have	 recently	 been	 signed	 (but	
    mid-1980s	 onwards,	 reflected	 an	 increasing	 embrace	         are	not	yet	in	force).	Practically	all	of	these	are	of	the	
    of	such	arrangements	in	the	Americas,	Asia	and	Africa,	          cross-regional	type.
    as	 well	 as	 in	 Europe.	 The	 continuing	 proliferation	 of	
    regional	agreements	over	the	last	25	years	involves	a	           PtAs have seen opposing trends towards further
    wide	 network	 of	 participants	 –	 including	 bilateral,	       rationalization on the one hand and a sprawling
    plurilateral	 and	 cross-regional	 initiatives	 –	 and	          web of new bilateral and overlapping deals on the
    encompasses	countries	at	different	levels	of	economic	           other.
    development	 –	 including	 “developed-developed”,	
    “developing-developing”,	 and	 “developed-developing”	           Numerous	 bilateral	 agreements	 have	 been	
    alliances.	 These	 newest	 agreements	 also	 often	              consolidated	 into	 plurilateral	 agreements	 either	 via	
    address	 WTO+	 type	 issues,	 such	 as	 services,	 capital	      accessions	 or	 negotiations	 between	 existing	 PTAs.	
    flows,	 standards,	 intellectual	 property,	 regulatory	         Examples	 include	 successive	 EU	 enlargements,	 the	
    systems	 (many	 of	 which	 are	 non-discriminatory)	 and	        consolidation	 of	 bilateral	 pacts	 between	 Eastern	
    commitments	on	labour	and	environment	issues.                    European	 countries	 in	 the	 context	 of	 the	 Central	
                                                                     European	 Free	 Trade	 Agreement	 (CEFTA)	 and	 the	
    The	 Uruguay	 Round	 (1986-1994)	 coincided	 with	 a	            conclusion	 of	 a	 PTA	 between	 Mercosur	 and	 the	
    period	 of	 growing	 regionalism	 and	 several	 issues,	         Andean	 Community	 in	 the	 Latin	 American	 Integration	
    including	 services	 and	 intellectual	 property,	 were	         Association	(LAIA)	framework.	
    addressed	 for	 the	 first	 time	 both	 regionally	 and	
    multilaterally.	 The	 continuing	 proliferation	 of	 PTAs	 in	   At	the	same	time,	a	parallel	trend	is	discernible	towards	
    parallel	 with	 the	 Doha	 Round	 has	 provoked	 a	 debate	      bilateral	 deals	 across	 regions.	 While	 many	 of	 these	
    about	 coherence,	 compatibility	 and	 potential	 conflict	      bilateral	 arrangements	 are	 between	 developing	
    between	multilateral	and	regional	approaches	to	trade	           countries,	developed	countries	have	also	played	a	part.	
    cooperation.	 Among	 the	 questions	 addressed	 in	 this	        A	 consequence	 of	 this	 trend	 is	 an	 increased	
    debate	 are	 whether	 burgeoning	 regionalism	 signals	 a	       fragmentation	 of	 trade	 relations,	 with	 countries	
    weakening	of	international	commitment	to	open	trade,	            belonging	to	multiple,	sometimes	overlapping	PTAs.
    and	 foreshadows	 a	 return	 to	 a	 more	 fragmented	
    trading	 system.	 Alternatively,	 PTAs	 may	 be	 part	 of	 a	    Free trade agreements are far more prevalent
    broad	 pattern	 seen	 since	 the	 Second	 World	 War	 –	         than customs unions and a number of products
    where	 some	 countries	 want	 to	 move	 “further	 and	           continue to be excluded from preferential access.
    faster”	 in	 trade	 rule-making	 than	 others,	 where	
    bilateral	and	regional	agreements	can	have	a	positive,	          Free	 trade	 agreements	 account	 for	 more	 than	 three-
    “domino	 effect”,	 encouraging	 the	 pace	 of	 multilateral	     quarters	 of	 all	 PTAs	 in	 force.	 Although	 GATT	
    cooperation	 (and	 vice	 versa),	 and	 where	 regional	 and	     Article	 XXIV	 requires	 that	 import	 duties	 are	 to	 be	
    multilateral	 agreements	 are	 becoming	 coherent,	 not	         eliminated	 on	 substantially	 all	 trade	 among	 the	
    conflicting,	 approaches	 to	 managing	 a	 more	 complex	        members	 of	 customs	 unions	 and	 free	 trade	 areas,	
    and	integrated	world	trading	order.	                             some	 products	 are	 often	 excluded.	 A	 recent	 study	 of	
                                                                     PTAs	 involving	 four	 major	 trading	 countries	 and	 their	
    stylized facts about PtAs                                        partners	shows	that	about	7	per	cent	of	tariff	lines	in	
                                                                     the	 sample	 are	 excluded,	 either	 temporarily	 or	
    PtA participation has accelerated over time and                  permanently.	These	products	are	mainly	agricultural	or	
    become more widespread.                                          food	 items,	 and	 labour-intensive	 manufactured	
                                                                     products	such	as	footwear	and	textiles.	
    From	 the	 1950s	 onwards,	 the	 number	 of	 active	 PTAs	
    increased	 more	 or	 less	 continuously	 to	 about	 70	 in	      the coverage of PtAs in terms of policy areas has
    1990.	Thereafter,	PTA	activity	accelerated	noticeably.	          widened and deepened over time.
    The	 number	 of	 PTAs	 in	 force	 in	 2010	 was	 close	 to	
    300.	 The	 surge	 in	 PTA	 activity	 is	 driven	 both	 by	 a	    Notwithstanding	 the	 prevailing	 pattern	 of	 specific	
    growing	 number	 of	 countries	 taking	 an	 interest	 in	        product	exclusions	from	tariff	elimination,	most	recent	
6
exeCutIve summARy




PTAs	go	beyond	traditional	tariff-cutting	exercises	and	           type	of	goods	being	traded.	The	share	of	intra-regional	
may	 include	 such	 policy	 areas	 as	 services	 trade,	           trade	 in	 world	 exports	 of	 manufactured	 goods	 was	
investment,	 intellectual	 property,	 technical	 barriers	 to	     quite	 stable	 between	 1990	 and	 2009,	 fluctuating	
trade	and	dispute	settlement.	For	instance,	about	one-             between	56	and	59	per	cent,	but	the	share	for	office	
third	 of	 PTAs	 in	 force	 today	 contain	 services	              and	 telecom	 equipment	 jumped	 from	 41	 per	 cent	 to	
commitments	compared	to	less	than	a	tenth	in	1990.	                58	 per	 cent.	 Taken	 together,	 these	 results	 suggest	
                                                                   that	supply	chains	may	be	an	important	component	of	
stylized facts about trade flows related                           recent	 PTA	 activity	 in	 Asia	 and	 in	 the	 electronics	
                                                                   sector,	 but	 not	 so	 much	 in	 other	 regions	 or	 economic	
to PtAs
                                                                   sectors.
the value of world trade between members of
preferential trade agreements has increased as                     How preferential is trade?
the number of PtAs has expanded.
                                                                   trade among PtA members is not all preferential
Intra-PTA	trade	represented	about	35	per	cent	of	total	            on account of the fact that a significant portion of
world	 merchandise	 trade	 in	 2008,	 compared	 with	 18	          intra-PtA trade is mFn duty-free.
per	 cent	 in	 1990.1	 Preferential	 trade	 –	 that	 is,	 trade	
actually	 receiving	 preferential	 tariff	 treatment	 –	           In	 a	 sample	 covering	 imports	 of	 the	 20	 largest	
represents	 a	 much	 smaller	 share	 of	 world	 trade.	            importers	 from	 all	 their	 trading	 partner	 countries	 –	
However,	it	is	still	worth	considering	total	trade	among	          accounting	for	90	per	cent	of	world	merchandise	trade	
PTA	 members	 because	 the	 latest	 generation	 of	 trade	         in	 2008	 –	 only	 16	 per	 cent	 qualified	 as	 preferential	
agreements	 may	 be	 motivated	 by	 a	 broader	 set	 of	           trade,	assuming	full	utilization	of	preferences. 2	In	other	
considerations	than	just	tariff	reductions,	including	the	         words,	 despite	 the	 explosion	 of	 PTAs	 in	 recent	 years,	
development	and	maintenance	of	supply	chains.	                     84	 per	 cent	 of	 world	 merchandise	 trade	 still	 takes	
                                                                   place	 on	 a	 non-discriminatory	 most-favoured	 nation	
The	 share	 of	 manufactured	 goods	 in	 total	 intra-PTA	         (MFN)	basis.	This	is	firstly	because	half	of	world	trade	
exports	 is	 the	 same	 as	 the	 share	 of	 manufactured	          is	 already	 subject	 to	 zero	 MFN	 tariff	 rates.	 Secondly,	
goods	in	world	trade	(65	per	cent),	and	this	share	does	           PTAs	 tend	 to	 exempt	 high	 MFN-tariff	 items	 from	
not	vary	much	across	PTAs.	However,	intra-PTA	trade	               preferential	 treatment	 and	 continue	 to	 trade	 these	
in	parts	and	components	does	vary	significantly	across	            products	at	MFN	rates.	
trade	 agreements,	 suggesting	 a	 link	 between	 some	
PTAs	and	vertically	integrated	production	structures.	             Existing	 preferential	 tariffs	 reduce	 the	 global	 trade-
                                                                   weighted	 average	 tariff	 by	 one	 percentage	 point,	 and	
Plurilateral	 trade	 agreements	 accounted	 for	 half	 of	         90	 per	 cent	 of	 this	 reduction	 (i.e.	 0.9	 percentage	
global	 intra-PTA	 trade	 in	 2008,	 while	 bilateral	 trade	      points)	 is	 due	 to	 reciprocal	 preference	 regimes.	 Only	
agreements	(including	those	where	one	party	is	a	PTA)	             2	per	cent	of	global	imports	are	eligible	for	preferential	
accounted	for	the	other	half.	                                     tariffs	 where	 preference	 margins	 are	 10	 per	 cent	 or	
                                                                   more.	 For	 most	 large	 exporters,	 preferential	 tariffs	
If many recent PtAs were designed to support                       matter	 little	 for	 the	 bulk	 of	 their	 exports.	 This	 is	 not	
production networks, we might expect to see                        always	true	for	individual	sectors	especially	in	certain	
greater geographic concentration of trade over                     smaller	 economies	 exporting	 a	 narrow	 set	 of	
time, since many production networks are                           commodities	 (mainly	 sugar,	 rice,	 bananas,	 fish	 and	
regional in nature. evidence of this exists only for               garments),	 where	 preference	 margins	 may	 be	 more	
certain regions.                                                   substantial.	 There	 is	 a	 possibility	 though	 that	 these	
                                                                   preferences	will	be	eroded	over	time	as	the	countries	
The	 share	 of	 intra-regional	 trade	 in	 Europe's	 total	        to	which	they	export	enter	into	more	PTAs.
exports	 remained	 roughly	 constant	 at	 around	 73	 per	
cent	 from	 1990	 to	 2009.	 Asia's	 intra-regional	 trade	        Data from some customs administrations suggest
share	 increased	 from	 42	 per	 cent	 to	 52	 per	 cent	 of	      a high rate of preference utilization.
total	exports	during	the	same	period.	North	America’s	
intra-regional	 trade	 share	 rose	 from	 41	 per	 cent	 in	       Information	 on	 the	 value	 of	 imports	 under	 different	
1990	 to	 56	 per	 cent	 in	 2000,	 but	 then	 fell	 back	 to	     preferential	 regimes	 from	 the	 EU	 and	 US	 reveal	
48	per	cent	in	2009,	so	there	appears	to	be	no	global	             preference	 utilization	 rates	 of	 87	 and	 92	 per	 cent	
pattern	 that	 applies	 to	 all	 industrialized	 regions.	         respectively.	Preference	utilization	rates	are	uniformly	
Developing	 regions	 that	 predominantly	 export	 natural	         high	for	most	exporting	countries,	preferential	regimes	
resources	 have	 seen	 the	 share	 of	 intra-regional	 trade	      and	 types	 of	 products.	 Analysis	 shows	 that	 both	
in	their	total	exports	shares	rise	substantially	over	the	         preference	 margins	 and	 import	 values	 have	 a	 positive	
past	20	years	or	so,	but	they	remain	quite	small.	                 and	 statistically	 significant	 impact	 on	 preference	
                                                                   utilization.	Surprisingly,	however,	many	individual	items	
The	 extent	 to	 which	 trade	 has	 become	 more	                  facing	 tariffs	 below	 1	 per	 cent	 still	 exhibit	 high	
geographically	concentrated	differs	depending	on	the	              utilization	 rates.	 This	 might	 suggest	 either	 that	 the	
                                                                                                                                         7
WOrld Trade repOrT 2011




    cost	 of	 using	 preferential	 tariffs	 in	 certain	 cases	 is	   Section C: Causes and effects of
    negligible	 or	 that	 other	 benefits	 are	 linked	 to	 using	
    these	 preferences,	 perhaps	 related	 to	 privileged	            pTas: is it all about preferences?
    customs	 clearance,	 qualification	 under	 specific	
    security	measures	or	advantages	in	case	of	re-export	             motives for PtAs
    to	other	PTA	partners.
                                                                      economic and political science theories provide
    Data from firm surveys offer a more detailed and                  various explanations for why countries establish
    mixed picture of preference utilization rates.                    preferential trade agreements.

    Firm	 surveys	 carried	 out	 in	 2007-08	 by	 the	 Asian	         Unilateral	 trade	 policy	 choices	 can	 have	 “beggar-thy-
    Development	 Bank	 (ADB)	 and	 the	 Inter-American	               neighbour”	 consequences,	 such	 as	 unfavourably	
    Development	 Bank	 (IDB)	 in	 six	 East	 Asian	 countries	        affecting	the	ratio	of	import	to	export	prices	(terms-of-
    and	 four	 Latin	 American	 countries	 respectively	 reveal	      trade	effect)	or	a	production	relocation	effect.	Countries	
    that	the	use	of	PTA	preferential	tariffs	is	not	uniformly	        might	 be	 stuck	 in	 a	 situation	 characterized	 by	 high	
    high.	 For	 instance,	 the	 ADB	 survey	 shows	 that	 only	       restrictions	and	inefficiently	low	levels	of	trade.	A	trade	
    around	 one-quarter	 of	 firms	 in	 the	 sample	 currently	       agreement	could	neutralize	these	beggar-thy-neighbour	
    used	these	preferences.	However,	this	number	doubled	             effects	 and	 achieve	 higher	 welfare.	 Economic	 theory	
    when	 plans	 for	 using	 PTA	 preferences	 in	 the	 future	       suggests,	however,	that	a	multilateral	agreement	rather	
    were	 factored	 in.	 The	 IDB	 survey	 shows	 that	 only	         than	a	PTA	is	the	best	way	to	address	the	problem.
    20	 per	 cent	 of	 the	 firms	 in	 the	 sample	 did	 not	 make	
    any	use	of	PTA	preferences.                                       Gains	 in	 credibility	 suggest	 a	 second	 reason	 for	
                                                                      signing	 a	 PTA.	 A	 government	 may	 choose	 to	 “tie	 its	
    Complications	 and	 costs	 involved	 in	 complying	 with	         hands”	through	an	international	agreement	in	order	to	
    rules	of	origin	were	cited	as	considerations	influencing	         prevent	 future	 policy	 reversals	 that	 would	 be	
    preference	 utilization,	 especially	 where	 preference	          convenient	 in	 the	short-run,	but	inefficient	 in	the	long	
    margins	 were	 low.	 The	 surveys	 also	 cited	 other	 firm-      term.	A	PTA	may	provide	a	stronger	commitment	than	
    specific	 factors	 that	 influenced	 preference	 utilization.	    a	 multilateral	 agreement	 when	 a	 country	 is	 small	 in	
    For	 instance,	 larger,	 more	 experienced	 firms,	 with	         world	markets.
    higher	foreign	equity	and	more	information	about	PTA	
    provisions,	were	more	likely	to	use	preferential	tariffs.	        "Non-traditional”	reasons	for	why	countries	form	PTAs	
    Firms	 in	 a	 number	 of	 countries	 suggested	 that	 a	 lack	    include	 accessing	 a	 larger	 market,	 ensuring	 against	
    of	information	on	PTAs	was	the	major	explanation	for	             preference	 erosion,	 increasing	 predictability	 of	 future	
    the	non-use	of	these	preferences.	                                trade	 policy,	 signalling	 stability	 to	 investors,	 and	
                                                                      achieving	deeper	policy	commitments.
     See page 46
                                                                      The	 creation	 of	 PTAs	 cannot	 be	 understood	 without	
                                                                      taking	 account	 of	 political	 circumstances.	 Political	
                                                                      science	 explanations	 of	 PTA	 formation	 focus	 on	 the	
                                                                      role	 of	 political	 integration,	 the	 role	 of	 domestic	
                                                                      political	 considerations,	 the	 form	 of	 governments	 and	
                                                                      institutions,	diplomacy,	and	the	role	of	power	relations.

                                                                      Changes in trade relationships may explain the
                                                                      growth of PtAs over time. together with certain
                                                                      country characteristics, they may also explain the
                                                                      timing of PtA formation and enlargement.

                                                                      The	potential	loss	of	market	share	for	non-members	of	
                                                                      an	existing	PTA	induces	them	to	form	new	PTAs	or	join	
                                                                      existing	ones.	These	domino	effects	of	PTA	formation	
                                                                      can	 be	 further	 strengthened	 with	 multilateral	 trade	
                                                                      opening.	

                                                                      Among	 the	 factors	 accounting	 for	 the	 pattern	 of	 PTA	
                                                                      formation	and	enlargement	over	time	are	the	physical	
                                                                      distance	 between	 countries,	 economic	 size,	 similarity	
                                                                      in	economic	size,	proximity	of	a	potential	entrant	to	an	
                                                                      existing	PTA,	the	extent	of	existing	agreements	facing	
                                                                      a	country	pair,	and	the	existing	number	of	members	in	
                                                                      a	PTA.	
8
exeCutIve summARy




the standard economics of PtAs                                    whether a PtA reduces or increases the incentive
                                                                  to set inefficiently high external tariffs.
the standard theory on the effects of PtAs
suggests that preferential trade agreements                       In	 shaping	 their	 PTAs,	 governments	 may	 not	 be	
increase trade between member countries and                       influenced	 exclusively	 by	 the	 welfare	 implications	 of	
reduce trade with third-countries, leading to                     agreements.	If	organized	lobby	groups	carry	sufficient	
negative welfare effects for non-members of                       weight	 in	 the	 political	 preferences	 of	 governments,	
PtAs.                                                             trade-diverting	PTAs	could	be	politically	viable	in	some	
                                                                  circumstances.	
A	 PTA	 increases	 trade	 among	 members	 as	 exporters	
benefit	 from	 the	 elimination	 of	 tariffs	 in	 partner	        Moreover,	conflicting	political	economy	forces	may	act	
markets.	 Non-member	 countries	 suffer	 from	 a	                 upon	 external	 tariffs	 agreed	 in	 a	 PTA.	 On	 the	 one	
reduction	 of	 exports	 to	 member	 countries	 and	 a	            hand,	 PTAs	 destroy	 protectionist	 benefits	 and	 lower	
decline	 in	 the	 price	 of	 their	 exports	 in	 international	   the	 demand	 for	 high	 external	 tariffs.	 On	 the	 other	
markets.                                                          hand,	 high	 external	 tariffs	 can	 be	 used	 in	 PTAs	 to	
                                                                  sustain	cooperation	on	non-trade	issues.	The	empirical	
In	 the	 traditional	 Vinerian	 analysis,	 preferential	 trade	   literature	finds	evidence	of	both	effects.
opening	 allows	 some	 domestic	 production	 to	 be	
replaced	 by	 imports	 from	 more	 efficient	 firms	 located	     Restrictive rules of origin (Roos) in PtAs may
in	 preference-receiving	 countries,	 leading	 to	 welfare	       divert or suppress trade in intermediate goods.
gains	 (trade	 creation).	 At	 the	 same	 time	 PTAs	 may	
reduce	 imports	 from	 more	 efficient	 non-member	               Restrictive	 RoOs	 may	 make	 it	 profitable	 for	 firms	 in	 a	
countries,	implying	a	welfare	loss	(trade	diversion).	The	        country	to	engage	in	“supply	switching”	–	replacing	an	
net	 welfare	 effect	 of	 PTAs	 depends	 on	 the	 relative	       efficient	non-member	supplier	of	an	intermediate	good	
magnitude	of	these	opposing	effects.	                             with	a	less	efficient	one,	either	from	a	partner	country	
                                                                  (trade	 diversion)	 or	 a	 domestic	 firm	 (trade	 contraction	
supply chain or vertical production arrangements                  or	 suppression).	 Furthermore,	 by	 influencing	 the	
may change the welfare calculus.                                  sourcing	 of	 intermediate	 goods,	 RoOs	 are	 likely	 to	
                                                                  increase	firms'	costs	and	hence	have	an	adverse	effect	
The	 possibility	 of	 trading	 components	 used	 in	 the	         on	final	goods	trade.
production	of	final	goods	alters	the	calculation	of	trade	
creation	and	trade	diversion.	Although	the	outcome	is	            This	 discrimination,	 which	 leads	 to	 trade	 diversion	 by	
still	 uncertain,	 welfare-reducing	 PTAs	 trading	 only	 in	     protecting	 the	 exports	 of	 certain	 industries	 in	 PTA	
final	 goods	 could	 become	 welfare-improving	 once	             member	 countries,	 can	 be	 resolved	 through	 the	
members	 trade	 in	 parts	 and	 components	 along	 a	             “diagonal	 cumulation”	 of	 RoOs.	 Under	 this	
supply	 chain.	 In	 this	 way,	 international	 production	        arrangement,	 participating	 countries	 agree	 that	 in	 all	
networks	 can	 mitigate	 the	 trade	 diversion	 effects	 of	      PTAs	 concluded	 among	 themselves,	 materials	
PTAs,	although	this	is	by	no	means	guaranteed.                    originating	 in	 one	 country	 can	 be	 considered	 to	 be	
                                                                  materials	originating	in	any	of	the	other	countries.	
the trade effects of a preferential agreement
depend on the economic characteristics of PtA                     Going beyond the standard analysis
members.
                                                                  the concept of deep integration is widely used to
The	 “natural	 trading	 partners”	 hypothesis	 suggests	          refer to any arrangement that goes beyond a
that	 trade	 agreements	 among	 countries	 which	 trade	          simple free trade area.
intensively	 are	 more	 likely	 to	 be	 trade-creating.	
Preferential	trade	agreements	may	also	have	dynamic	              Trade	 agreements	 that	 mostly	 deal	 with	 border	
effects,	for	instance	driven	by	economies	of	scale,	and	          measures	 are	 often	 defined	 as	 “shallow”	 agreements.	
effects	on	the	location	of	production.                            In	contrast,	preferential	agreements	that	include	rules	
                                                                  on	 other	 domestic	 policies	 are	 referred	 to	 as	 “deep”	
Several	studies	have	tested	the	traditional	theories	on	          agreements.
trade	creation	and	trade	diversion.	While	this	literature	
is	not	conclusive,	it	suggests	that	trade	diversion	may	          Two	 distinct	 dimensions	 of	 deep	 integration	 are	 the	
play	 a	 role	 in	 some	 agreements	 and	 in	 some	 sectors,	     “extensive”	 and	 the	 “intensive”	 margin.	 The	 extensive	
but	it	does	not	emerge	as	a	key	effect	of	preferential	           margin	 refers	 to	 an	 increase	 in	 the	 policy	 areas	
agreements.	                                                      covered	 by	 an	 agreement,	 while	 the	 intensive	 margin	
                                                                  refers	to	the	institutional	depth	of	the	agreement.	The	
When governments have political economy                           extensive	 and	 intensive	 dimensions	 of	 deep	
reasons for signing a PtA, the question arises                    agreements	 may	 be	 related,	 as	 an	 extension	 of	 the	
whether    trade-diverting  or  trade-creating                    coverage	of	an	agreement	may	require	the	creation	of	
agreements are more politically viable and                        common	institutions	for	its	proper	functioning.	
                                                                                                                                     9
WOrld Trade repOrT 2011




     Deep integration and trade are intimately related.                 Deep integration may involve several trade-offs
                                                                        that need to be addressed.
     Deep	 arrangements	 may	 be	 necessary	 to	 promote	
     trade	in	certain	sectors	and	economic	integration	more	            A	 basic	 trade-off	 arises	 between	 the	 benefits	 of	
     broadly.	 For	 instance,	 harmonization	 or	 mutual	               common	policies	and	the	costs	of	harmonization	when	
     recognition	 of	 certain	 regulations	 may	 be	 a	 pre-            policy	preferences	differ	among	member	countries.
     requisite	 for	 trade	 in	 services,	 or	 competition	 policy	
     rules	may	be	required	to	allow	comparative	advantage	              Deep	 integration	 lowers	 trade	 costs	 and	 provides	
     to	materialize.                                                    shared	 benefits,	 such	 as	 common	 rules	 and	 a	 stable	
                                                                        monetary	 system,	 that	 the	 market	 or	 national	
     Economic	 theory	 also	 suggests	 that	 the	 degree	 of	           governments	fail	to	offer.	However,	no	unifying	analysis	
     trade	openness	is	a	determinant	of	deep	agreements.	               is	possible	of	the	economic	effects	of	deep	integration,	
     In	 this	 respect,	 shallow	 and	 deep	 integration	 may	 be	      as	 these	 effects	 depend	 on	 the	 specific	 form	 that	
     seen	 as	 complementary	 where	 the	 first	 generates	 a	          arrangements	take.
     demand	for	governance	that	the	second	can	provide.
                                                                        Deep	integration	with	advanced	economies	may	create	
     An	 institutional	 challenge	 for	 the	 WTO	 is	 to	 find	 an	     advantages	 for	 developing	 countries	 from	 importing	
     approach	that	facilitates	deeper	integration	sought	by	            best-practice	 institutions.	 However,	 costs	 may	 be	
     its	 members	 while	 maintaining	 compatibility	 with	 the	        involved	if	the	common	rules	are	distant	from	national	
     non-discrimination	principle.                                      preferences	and	the	needs	of	developing	countries.	

     the rise in international production networks                      Deep	 integration	 also	 has	 systemic	 effects.	 Deep	
     illustrates the complementarity between trade                      agreements	 may	 impose	 costs	 on	 non-member	
     and governance which is at the core of successful                  countries.	On	the	other	hand,	deep	regional	integration	
     deep agreements.                                                   could	 provide	 an	 appropriate	 intermediate	 level	 of	
                                                                        integration	(e.g.	common	rules)	between	nation	states	
     In	 order	 for	 cross-border	 production	 networks	 to	            and	 the	 global	 level	 in	 different	 behind-the-border	
     operate	smoothly,	certain	national	policies	need	to	be	            areas.
     harmonized	 or	 rendered	 mutually	 compatible	 to	
     facilitate	 business	 activities	 in	 several	 countries.	 This	    See page 92
     generates	a	demand	for	deep	forms	of	integration.	

     Developed	 countries	 were	 the	 first	 movers	 in	 the	
     attempt	 to	 provide	 some	 international	 rules	 to	 further	
     encourage	 international	 fragmentation	 of	 production.	
     Agreements	such	as	the	EU	Single	Market	Programme	
     or	the	US-Canada	free	trade	area	can	be	explained	(at	
     least	 in	 part)	 in	 terms	 of	 increased	 demand	 for	 deep	
     integration	 generated	 by	 the	 needs	 of	 international	
     production	sharing	arrangements.

     The	 continuous	 expansion	 of	 production	 sharing	
     between	developed	and	developing	countries	requires	
     deeper	agreements	to	fill	the	governance	gap	between	
     countries.	An	agreement	such	as	the	North	American	
     Free	 Trade	 Agreement,	 for	 example,	 includes	
     disciplines	 going	 beyond	 preferential	 tariffs	 that	 are	
     required	 to	 facilitate	 production	 sharing	 between	 the	
     United	 States	 and	 Mexico.	 In	 Europe	 the	 Euro-
     Mediterranean	agreements	fulfil	the	same	objective.

     The	 recent	 wave	 of	 preferential	 agreements	 may	 (at	
     least	 in	 part)	 be	 an	 institutional	 response	 to	 new	
     circumstances	 created	by	the	growth	in	offshoring.	In	
     this	sense,	PTAs	are	efficiency-enhancing	rather	than	
     beggar-thy-neighbour	(trade-diverting)	agreements.	




10
exeCutIve summARy




Section d: anatomy of                                               overall, services commitments in PtAs have gone
                                                                    well beyond commitments in the General
preferential trade agreements                                       Agreement on trade in services (GAts) as well as
                                                                    Doha Round offers in services.
Preferential tariffs and PtAs
                                                                    Services	 obligations	 typically	 form	 part	 of	
Preference margins are small and market access                      comprehensive	PTAs	covering	“new	generation”	issues	
is unlikely in many cases to be an important                        such	 as	 investment,	 intellectual	 property,	 or	
reason for creating new PtAs.                                       e-commerce.	Out	of	85	notifications	under	Article	V	of	
                                                                    the	 GATS, 3	 a	 little	 more	 than	 a	 third	 rely	 on	 a	 GATS-
The	 estimated	 average	 applied	 tariff	 across	 all	              type	listing	of	areas	where	specific	commitments	apply	
products	 and	 countries	 was	 4	 per	 cent	 in	 2009,	 and	        (positive	 list),	 almost	 half	 rely	 on	 the	 more	
the	scope	for	exchanging	preferential	market	access	is	             comprehensive	 approach	 of	 indicating	 where	 specific	
therefore	limited.	Significant	tariff	barriers	still	exist	in	      commitments	 do	 not	 apply	 (negative	 list)	 and	 the	
some	sectors,	however,	such	as	agriculture	and	labour-              remainder	adopt	a	mixture	of	the	two	approaches.
intensive	 manufactured	 goods.	 However,	 PTAs	 do	 not	
appear	 to	be	about	 the	 removal	 of	 tariff	 peaks	 either.	      Despite	 innovations	 in	 their	 structure,	 most	 services	
Most	 sensitive	 sectors	 remain	 sensitive	 (subject	 to	          PTAs	 share	 a	 broad	 commonality	 with	 the	 GATS	 in	
higher	 tariffs)	 in	 PTAs.	 Approximately	 66	 per	 cent	 of	      terms	 of	 the	 basic	 set	 of	 disciplines,	 although	 some	
tariff	lines	with	MFN	rates	above	15	percentage	points	             PTAs	 have	 gone	 beyond	 GATS	 with	 respect	 to	
have	not	been	reduced	in	PTAs.                                      disciplines	on	domestic	regulation	or	transparency,	for	
                                                                    example.
When	the	advantage	conferred	by	providing	preferential	
access	to	an	exporter	is	calculated	with	respect	to	the	            the investment chapters in PtAs contain many
average	applied	tariff	faced	by	all	exporters	to	the	same	          provisions and guarantees that are important to
market	rather	than	relative	to	the	MFN	rate,	the	share	of	          international production networks.
global	 trade	 for	 which	 preferential	 market	 access	
matters	is	less	than	13	per	cent.	                                  Since	 firm-specific	 assets	 such	 as	 human	 capital	
                                                                    (management	 or	 technical	 experts)	 and	 intellectual	
Patterns in the content of PtAs                                     property	(patents,	blueprints)	give	international	firms	a	
                                                                    competitive	 edge,	 protecting	 these	 assets	 against	
PtAs cover many more policy areas than tariffs                      expropriation	will	encourage	more	production	sharing.	
and frequently entail legally enforceable                           Allowing	 freer	 movement	 of	 corporate	 personnel	 is	
commitments.                                                        another	 critical	 requirement.	 Investor	 confidence	 will	
                                                                    be	 further	 improved	 through	 access	 to	 a	 dispute	
In	 a	 sample	 of	 almost	 100	 PTAs,	 deep	 integration	           settlement	mechanism.	
elements	were	classified	into	WTO+	areas	and	WTO-X	
areas.	 WTO+	 refers	 to	 deeper	 integration	 in	 areas	           From	the	sample	of	investment	chapters	in	PTAs	used	
covered	by	the	WTO	and	WTO-X	refers	to	policy	areas	                for	 this	 report,	 it	 appears	 that	 a	 large	 proportion	 of	
not	covered	in	WTO	agreements.	The	analysis	confirms	               agreements	have	adopted	a	negative	list	and	hence	a	
that	 many	 PTAs	 go	 beyond	 the	 WTO	 and	 these	 deep	           more	ambitious	approach	to	investment	opening.	They	
integration	provisions	are	frequently	enforceable	legally.	         typically	extend	MFN	and	national	treatment	to	foreign	
                                                                    investors,	 provide	 guarantees	 of	 investor	 protection	
As	 expected,	 WTO+	 provisions	 universally	 include	              and	 grant	 private	 investors	 the	 right	 to	 dispute	
industrial	 and	 agricultural	 tariffs.	 An	 increasingly	 large	   settlement.	 In	 general,	 the	 investment	 provisions	 in	
number	of	PTAs	now	also	include	provisions	on	technical	            these	 PTAs	 are	 accommodating,	 although	 no	 attempt	
barriers	 to	 trade,	 services,	 intellectual	 property	 and	       has	 been	 made	 to	 test	 how	 much	 these	 provisions	
trade-related	 investment	 measures.	 WTO-X	 provisions	            actually	affect	flows	of	foreign	direct	investment.	More	
commonly	 include	 competition	 policy,	 investment	 and	           recent	 PTAs	 appear	 more	 open	 on	 the	 investment	
the	movement	of	capital.	About	one-third	of	the	PTAs	in	            front	than	earlier	ones.	
the	 sample	 also	 include	 environmental	 laws,	 labour	
market	regulations	and	measures	on	visa	and	asylum.	                As tariff barriers have progressively been
                                                                    reduced, non-tariff barriers have acquired
Compared	 with	 PTAs	 between	 trading	 partners	 with	             increasing weight. over time, more and more
similar	levels	of	income,	those	between	developed	and	              PtAs have included provisions regarding
developing	 countries	 contain	 a	 higher	 number	 of	              technical barriers to trade (tBts).
WTO+	 provisions	 on	 average.	 WTO-X	 provisions	 are	
encountered	 most	 frequently	 in	 agreements	 between	             The	inclusion	of	specific	provisions	in	PTAs	appears	to	
developed	 countries,	 followed	 by	 those	 between	                follow	a	hub	and	spoke	structure,	with	a	larger	partner	
developed	and	developing	countries,	and	finally	those	              representing	 the	 hub	 to	 whose	 standards	 the	 spokes	
between	developing	countries.	                                      will	 conform.	 For	 example,	 while	 the	 agreements	
                                                                                                                                        11
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     signed	 by	 the	 EU	 typically	 include	 harmonization	         competition	authority	in	one	PTA	member	takes	action	
     provisions,	 North	 American	 agreements	 that	 embody	         against	anti-competitive	behaviour.	
     TBT	 provisions	 tend	 to	 prefer	 mutual	 recognition.	 In	
     addition,	 North	 American,	 East	 Asian	 and	 South-           Production networks and deep PtAs
     Central	American	TBT	provisions	in	PTAs	mainly	focus	
     on	 introducing	 transparency	 requirements	 and	               empirical   analysis confirms the  positive
     developing	 institutional	 bodies,	 while	 EU	 and	 African	    association between deep integration and
     agreements	barely	consider	these	issues.                        production networks.

     the risk of a lock-in effect exists in regional                 Lack	of	data	poses	some	difficulties	in	assessing	the	
     provisions on tBts.                                             international	 fragmentation	 of	 production,	 forcing	
                                                                     empirical	 studies	 to	 rely	 on	 proxy	 measures	 for	
     Harmonization	to	a	regional	standard	may	increase	the	          production	networks.	This	analysis	uses	trade	in	parts	
     costs	for	further	multilateral	liberalization.	If	adopting	a	   and	components	to	proxy	for	global	production	sharing.
     certain	standard	involves	the	payment	of	some	form	of	
     fixed	costs,	the	risk	exists	that	regional	provisions	may	      Results	 show	 that	 greater	 trade	 in	 parts	 and	
     work	as	a	stumbling	block	in	multilateral	cooperation.          components	 increases	 the	 depth	 of	 newly	 signed	
                                                                     agreements	among	PTA	members.	PTAs	also	increase	
     Competition policy complements the reduction of                 trade	in	parts	and	components	by	35	per	cent	among	
     trade barriers.                                                 members.	 In	 addition,	 the	 greater	 the	 depth	 of	 an	
                                                                     agreement,	 the	 bigger	 the	 increase	 in	 trade	 in	 parts	
     The	adoption	of	competition	policy	in	PTAs	is	in	many	          and	 components	 among	 member	 countries.	 The	
     ways	 a	 natural	 complement	 to	 the	 reduction	 of	 trade,	   estimation	results	show	that	on	average,	signing	deep	
     investment	 and	 services	 barriers.	 In	 evaluating	           agreements	 increases	 trade	 in	 production	 networks	
     competition	rules	in	PTAs,	one	needs	to	go	beyond	the	          between	 member	 countries	 by	 almost	 8	 percentage	
     competition	 policy	 chapter	 of	 PTAs	 to	 include	            points.
     competition-related	 provisions	 that	 appear	 in	 other	
     chapters	of	trade	agreements.	Competition	disciplines	          the case of AseAn: from regionalization to
     appear	 in	 the	 chapters	 on	 investment,	 services	 (in	      regionalism.
     telecommunications,	 maritime	 transport	 and	 financial	
     services),	 government	 procurement	 and	 intellectual	         ASEAN	 was	 established	 in	 1967	 largely	 to	 deal	 with	
     property.	                                                      rising	territorial	tensions	among	some	of	its	members	
                                                                     (the	 original	 signatories	 were	 Indonesia,	 Malaysia,	
     Sector-specific	 competition	 provisions	 may	 have	            Philippines,	Singapore	and	Thailand)	and	with	possible	
     stronger	 pro-competitive	 effects	 than	 the	 articles	 in	    spillovers	from	the	conflict	in	Indochina.	In	the	quarter	
     the	competition	policy	chapter	itself,	assuming	that	the	       of	 a	 century	 that	 spanned	 the	 creation	 of	 the	
     trade	 agreement	 has	 one.	 Principles	 in	 PTAs	 relating	    association	 and	 the	 decision	 formally	 to	 establish	 the	
     to	 non-discrimination,	 procedural	 fairness	 and	             ASEAN	 free	 trade	 area	 (AFTA),	 there	 was	 a	 shift	 in	
     transparency	 can	 also	 have	 a	 strong	 bearing	 on	          economic	policy	from	traditional	import	substitution	to	
     competition	law	and	policy.	                                    export	 promotion	 and	 openness	 to	 foreign	 direct	
                                                                     investment.	
     many elements of competition rules in PtAs are
     characterized by non-discrimination.                            This	 led	 to	 a	 huge	 increase	 in	 total	 merchandise	
                                                                     exports	 of	 the	 five	 original	 members.	 In	 particular,	
     Competition	 disciplines	 usually	 operate	 through	 the	       exports	of	parts	and	components	became	increasingly	
     use	of	domestic	regulations.	While	it	is	not	impossible	        important,	 rising	 from	 just	 about	 2	 per	 cent	 of	 total	
     for	 these	 regulations	 to	 be	 tailored	 to	 favour	          exports	 in	 the	 year	 of	 the	 association's	 founding	 to	
     enterprises	 originating	 from	 PTA	 partners,	 it	 may	 be	    17	per	cent	by	the	time	the	free	trade	agreement	was	
     costly	 to	 do	 so.	 To	 the	 extent	 that	 enforcement	 of	    signed.	 Equally	 telling	 was	 the	 increased	 prominence	
     competition	law	reduces	the	market	power	of	domestic	           of	parts	and	components	trade	in	intra-regional	trade.	
     incumbents,	 the	 prospects	 of	 foreign	 enterprises	 that	
     already	operate	in	the	market	are	improved,	whether	or	         While	 the	 increased	 regionalization	 of	 trade	 in	 parts	
     not	they	are	from	a	PTA	member.	                                and	components	trade	in	ASEAN	would	not	have	been	
                                                                     possible	without	the	countries'	openness	to	trade	and	
     Competition	 provisions	 in	 regional	 agreements	 may	         foreign	investment,	it	may	not	have	been	sufficient	for	
     carry	 other	 external	 benefits,	 such	 as	 economies	 of	     production	 networks	 to	 continue	 to	 flourish.	 This	 may	
     scale	 from	 the	 creation	 of	 a	 regional	 competition	       explain	 AFTA's	 evolution	 beyond	 a	 free	 trade	 area.	
     authority.	 Even	 if	 no	 centralized	 authority	 is	           Services	 and	 intellectual	 property	 agreements	 were	
     established,	benefits	can	flow	from	information	sharing	        signed	in	1995,	an	investment	agreement	and	dispute	
     and	 cooperation	 among	 enforcement	 authorities.	             settlement	 mechanism	 in	 1996,	 and	 a	 framework	
     Demonstration	 effects	 may	 also	 apply	 when	 a	              agreement	 for	 mutual	 recognition	 arrangements	 in	
12
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1998.	Recent	studies	document	how	AFTA	succeeded	                 economic	 diversification.	 Enhanced	 market	 access	
in	reducing	trade	costs,	not	through	preferential	tariff	         without	the	capacity	to	produce	goods	and	services	to	
liberalization	 but	 through	 concerted	 trade	 facilitation	     benefit	 from	 those	 opportunities	 will	 fail	 to	 produce	
initiatives,	and	how	this	was	motivated	by	participation	         higher	 economic	 growth.	 At	 a	 regional	 level	 these	
in	international	production	networks.	                            supply-side	constraints	could	be	addressed	in	part	by	
                                                                  a	 regional	 integration	 agenda	 that	 includes	 services,	
Production networks may explain some PtAs in                      investment,	 competition	 policy	 and	 other	 behind-the-
Latin America too: the case of Costa Rica.                        border	 issues.	 In	 short,	 a	 deep	 integration	 agenda	
                                                                  could	address	supply-side	constraints	more	effectively	
As	 a	 result	 of	 its	 policies	 of	 trade	 and	 investment	     than	 an	 agenda	 that	 focuses	 almost	 exclusively	 on	
opening,	 Costa	 Rica	 has	 experienced	 a	 significant	          border	measures.	
change	in	its	trade	structure,	with	a	substantial	rise	in	
the	share	of	manufacturing	exports	as	well	as	trade	in	            See page 122
services	 in	 total	 exports.	 Over	 the	 last	 decade,	 the	
country	 has	 become	 more	 integrated	 with	 global	
production	 networks	 in	 such	 sectors	 as	 electronics,	
medical	 devices,	 automotive,	 aeronautic/aerospace,	
and	film/broadcasting	devices.	

The	 link	 between	 production	 networks	 and	 PTAs	
seems	 apparent	 in	 Costa	 Rica's	 agreements	 with	 the	
United	 States	 (US-CAFTA-DR	 agreement)	 and	 with	
China.	While	overall	trade	with	the	United	States	grew	
by	 about	 11	 per	 cent	 annually	 from	 1995,	 parts	 and	
components	trade	grew	at	about	twice	that	rate.	More	
than	25	per	cent	of	Costa	Rica's	total	goods	exports	in	
2009	 were	 directly	 related	 to	 production	 networks	 in	
electronics,	with	China	being	the	main	trading	partner.	
Overall,	 trade	 in	 parts	 and	 components	 makes	 up	
about	half	of	Costa	Rica's	current	trade	with	China.	

not all integration experiences conform to this
pattern: the case of Africa.

The	 roots	 of	 African	 integration	 lay	 in	 the	 effort	 to	
correct	the	geographical	fragmentation	bequeathed	by	
colonialism.	 Fragmentation	 resulted	 in	 small	 markets,	
land-locked	 economies,	 and	 limited	 development	
options.	 In	 the	 1980s,	 the	 Lagos	 Plan	 of	 Action	
proposed	 the	 division	 of	 the	 continent	 into	 regional	
integration	 areas	 that	 would	 eventually	 constitute	 a	
united	African	economy.	

For	the	most	part,	African	integration	has	focused	on	
import	 tariffs.	 The	 inclusion	 of	 services	 and	 other	
behind-the-border	 issues,	 such	 as	 investment,	
competition	 policy	 and	 government	 procurement,	 has	
proved	 contentious.	 A	 major	 limitation	 to	 African	
integration	 progress	 has	 been	 its	 adherence	 to	 a	
“linear”	 integration	 model.	 This	 process	 is	 marked	 by	
the	 stepwise	 integration	 of	 goods,	 labour	 and	 capital	
markets,	 and	 eventually	 monetary	 and	 fiscal	
integration.	

Deep integration could improve Africa's record on
regional cooperation.

Border	 measures	 are	 likely	 to	 represent	 a	 minor	
constraint	 to	 regional	 trade	 in	 Africa	 compared	 with	
structural	 economic	 shortcomings,	 such	 as	 a	 lack	 of	
infrastructure,	 an	 institutional	 framework,	 skills,	 and	
                                                                                                                                  13
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     Section e: The multilateral                                        directly	 refer	 to	 WTO	 rules	 on	 deep	 integration	
                                                                        measures,	 automatically	 supporting	 the	 multilateral	
     trading system and pTas                                            trading	system.	

     systemic effects of preferential tariff                            Several	mechanisms	supporting	further	trade	opening	
     liberalization                                                     are	 found	 in	 PTAs.	 These	 include	 “non-party”	 MFN	
                                                                        clauses,	 a	 tendency	 to	 use	 template	 approaches	 that	
     A number of different mechanisms have been                         replicate	 trade	 rules,	 and	 domino	 effects	 pointing	 in	
     identified through which PtAs could foster or                      the	 direction	 of	 the	 progressive	 extension	 of	
     hinder multilateral trade opening.                                 preferential	market	access.

     The	prospect	of	preference	erosion	can	be	a	force	for	             Production chains can alter political-economy
     supporting	 further	 multilateral	 tariff	 reduction	 or	 for	     forces in favour of the adoption of trade measures
     resisting	 it.	 The	 presence	 of	 political-economy	              that comply with the principle of non-
     motivations	 behind	 tariff	 reductions	 is	 another	 factor	      discrimination.
     that	 can	 either	 foster	 or	 slow	 down	 the	 diminution	 of	
     preferential	 tariffs	 through	 trade-opening	 on	 an	 MFN	        Final	 good	 producers	 sourcing	 their	 imports	 through	
     basis.	                                                            international	 value	 chains	 are	 likely	 to	 support	 the	
                                                                        harmonization	 of	 rules	 of	 origin	 across	 PTAs,	 for	
     Opposition	 to	 further	 multilateral	 tariff	 reductions	         instance	through	the	adoption	of	rules	of	cumulation.
     might	also	arise	in	the	case	of	PTAs	that	are	concluded	
     to	 foster	 mutual	 cooperation	 on	 non-trade	 issues,	 or	       The	 international	 fragmentation	 of	 production	 may	
     when	PTAs	increase	the	adjustment	costs	associated	                also	be	a	driver	of	deep	integration	provisions	that	are	
     with	 multilateral	 opening,	 or	 when	 the	 PTA	 is	 trade-       consistent	with	the	principles	of	the	multilateral	trading	
     creating	from	the	perspective	of	excluded	countries.               system,	 such	 as	 international	 standards	 and	
                                                                        multilateral	rules	on	trade	remedies.
     evidence on the systemic effects of regionalism
     on multilateral tariff reductions is inconclusive.                 some deep provisions in PtAs can, however,
                                                                        contain discriminatory aspects, creating a tension
     The	 literature	 that	 considers	 whether	 MFN	 and	               with the multilateral trading system.
     preferential	 tariffs	 complement	 or	 compete	 with	 each	
     other	 finds	 opposite	 results	 for	 developing	 and	             The	risk	of	trade	diversion	may	extend	beyond	tariffs,	
     developed	countries.	 Most	of	 the	contributions	to	this	          for	example	to	the	area	of	anti-dumping.	Anti-dumping	
     literature,	 however,	 do	 not	 distinguish	 between	 MFN	         provisions	in	PTAs	may	result	in	members	being	spared	
     tariffs	 that	 have	 been	 negotiated	 at	 the	 multilateral	      from	anti-dumping	actions	and	an	increased	frequency	
     level	and	unilateral	tariff	reductions.                            of	 anti-dumping	 actions	 against	 non-members.	
                                                                        Moreover,	 many	 PTAs	 exclude	 the	 imports	 of	 PTA	
     Examination	of	the	correlation	between	PTA	formation	              partners	from	global	safeguard	actions.	
     and	 multilateralism	 cannot	 produce	 conclusive	 results	
     because	 multilateral	 trade	 rounds	 are	 rare	 events,	          Lock-in effects of regulatory harmonization within
     where	more	or	less	ambitious	trade	opening	scenarios	              a given PtA may have negative systemic effects.
     are	 negotiated.	 Multilateral	 trade	 negotiations	 are	 not	
     structured	 to	 contemplate	 either	 full	 or	 zero	 trade	        Competing	 PTAs	 with	 incompatible	 regulatory	
     opening.	Anecdotal	evidence	can	be	found	to	support	               structures	 and	 standards	 may	 lock	 in	 members	 to	 a	
     the	 view	 that	 PTAs	 facilitate	 further	 multilateral	 trade	   particular	 regime,	 undermining	 the	 principles	 of	
     opening	and	the	opposite	view	that	they	hinder	it.                 transparency	 and	 predictability	 of	 regulatory	 regimes	
                                                                        and	 making	 movement	 towards	 multilateral	 trade	
                                                                        opening	costly.
     Deep PtA provisions and the multilateral
     trading system                                                     the non-discriminatory nature of deep provisions
                                                                        might in principle create political-economy and
     so far not much research has been conducted on                     third-country resistance to further multilateral
     the systemic effects of deep-integration                           opening.
     provisions. the existing literature suggests that
     deep integration is often non-discriminatory.                      If	 preferential	 liberalization	 is	 non-discriminatory	 in	
                                                                        nature,	 it	 might	 be	 opposed	 by	 political-economy	
     By	their	very	nature,	some	deep	integration	provisions	            forces	 because	 higher	 market	 shares	 (and	 profits)	 in	
     are	 de facto	 extended	 to	 non-members	 because	 they	           the	other	member’s	market	might	be	more	than	offset	
     are	 embedded	 in	 broader	 regulatory	 frameworks	 that	          by	 the	 loss	 of	 domestic	 profits	 vis-à-vis	 firms	 from	
     apply	to	all	trading	partners.	In	such	cases,	multilateral	        partners	and	non-members.
     regulation	 may	 not	 be	 necessary.	 PTAs	 may	 also	
14
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Concerns over overlapping jurisdiction between                    involving	 such	 measures	 do	 not	 typically	 induce	 trade	
the Wto dispute settlement system and the                         diversion,	 their	 systemic	 implications	 cannot	 be	
dispute settlement mechanisms of PtAs have                        analysed	 using	 the	 traditional	 stumbling	 blocks/
received considerable attention in the academic                   building	 blocks	 framework.	 Moreover,	 the	 political	
literature.                                                       economy	 of	 new	 PTAs	 is	 different	 from	 that	 of	
                                                                  preferential	tariffs.
The	 possibility	 that	 dispute	 settlement	 procedures	 in	
more	 than	 one	 forum	 can	 give	 rise	 to	 conflicting	         new international trade rules are being developed
judgements	has	been	discussed	as	a	potential	source	              outside the Wto, with attendant risks of exclusion
of	concern.	The	issue	has	been	raised	only	in	a	handful	          and additional trade costs arising from
of	WTO	disputes.	A	review	of	the	disputes	brought	to	             overlapping and possibly competing regulatory
the	 WTO	 reveals	 that	 members	 continue	 to	 use	 the	         structures.
WTO	 dispute	 settlement	 system	 to	 resolve	
disagreements	with	their	PTA	partners.                            Whether	 and	 how	 these	 new	 challenges	 might	 be	
                                                                  addressed	 is	 an	 open	 question.	 The	 principle	 of	
seeking coherence between PtAs and                                subsidiarity,	 which	 states	 that	 regulatory	 regimes	
                                                                  should	be	as	decentralized	as	possible,	could	be	used	
the Wto
                                                                  to	assess	whether	measures	agreed	at	the	bilateral	or	
                                                                  regional	level	need	to	be	incorporated	in	a	multilateral	
GAtt/Wto provisions provide exemptions under
                                                                  setting.
certain circumstances from the mFn principle for
PtAs.
                                                                  A number of different approaches have been
                                                                  proposed for improving coherence between PtAs
Surveys	of	the	application	of	these	provisions	suggest	
                                                                  and the multilateral trading system.	
a	 relatively	 tolerant	 attitude	 towards	 PTAs.	 The	
provisions	 themselves	 are	 widely	 regarded	 as	
                                                                  There	may	be	a	case	for	maintaining	separate	regimes	
incomplete	 and	 lacking	 in	 clarity.	 Recently,	 attention	
                                                                  for	 regional	 and	 multilateral	 cooperation	 where	
has	focused	on	improving	transparency	and	the	Doha	
                                                                  particular	types	of	cooperation	are	more	appropriately	
Round	 negotiations	 have	 resulted	 in	 the	 introduction	
                                                                  managed	 at	 the	 regional	 rather	 than	 the	 multilateral	
on	 a	 provisional	 basis	 of	 a	 new	 transparency	
                                                                  level.	By	the	same	token,	there	are	issues	that	cannot	
mechanism.	
                                                                  be	 addressed	 adequately	 at	 the	 regional	 level.	 In	
                                                                  between	these	two	extremes,	the	coherence	question	
The	 fact	 that	 the	 Transparency	 Mechanism	 for	
                                                                  arises.	
Regional	 Trade	 Agreements	 is	 the	 only	 result	 of	 the	
Doha	negotiations	that	has	been	allowed	so	far	to	go	
                                                                  Proposals	 can	 be	 grouped	 under	 four	 headings:	
forward	independently	of	the	full	results	of	the	Round	
                                                                  accelerating	 multilateral	 trade	 opening;	 fixing	 the	
suggests	that	WTO	members	are	aware	of	the	need	to	
                                                                  deficiencies	 in	 the	 WTO	 legal	 framework;	 adopting	 a	
better	understand	what	regional	trade	agreements	are	
                                                                  softer	approach	as	a	complement	to	the	existing	legal	
about.
                                                                  framework;	 multilateralizing	 regionalism	 (extending	
                                                                  existing	 preferential	 arrangements	 in	 a	 non-
the quest for coherence between regionalism
                                                                  discriminatory	 manner	 to	 additional	 parties).	 These	
and multilateralism is nothing new.
                                                                  approaches	are	not	mutually	exclusive.	They	all	aim	at	
                                                                  making	sure	that	PTAs	contribute	to	trade	cooperation	
Until	 recently,	 ensuring	 coherence	 was	 broadly	
                                                                  and	opening	in	a	non-discriminatory	manner.	
understood	as	accepting	that	PTAs	and	the	multilateral	
system	 could	 complement	 each	 other	 while	 imposing	
                                                                  Lowering	MFN	tariffs	would	reduce	discrimination	and	
disciplines	 aimed	 at	 minimizing	 the	 negative	 effects	
                                                                  thereby	 blunt	 the	 adverse	 effects	 of	 PTAs.	 However,	
that	 PTAs	 could	 have.	 Approaches	 to	 improving	
                                                                  reducing	 all	 tariffs	 to	 zero	 does	 not	 seem	 to	 be	
coherence	focused	on	the	weaknesses	of	multilateral	
                                                                  politically	feasible	in	the	present	context	and	it	would	
disciplines	and	how	they	could	be	fixed.	
                                                                  not	 eliminate	 all	 potentially	 adverse	 effects	 of	 deeper	
                                                                  integration	 measures.	 Moreover,	 the	 scope	 for	 far-
Recent	developments	in	PTA	activity	may	well	change	
                                                                  reaching	 action	 in	 this	 domain	 is	 limited	 by	 the	 low	
the	 perspective	 on	 coherence.	 Beyond	 the	 fact	 that	
                                                                  average	level	of	existing	preferential	tariffs.
PTA	 activity	 has	 accelerated	 noticeably	 since	 1990,	
what	 may	 challenge	 the	 current	 thinking	 is	 that	 the	
                                                                  The	Doha	Round	includes	a	mandate	to	negotiate	with	
new	 PTAs,	 or	 at	 least	 some	 of	 them,	 are	 qualitatively	
                                                                  a	 view	 to	 “clarifying	 and	 improving	 disciplines	 and	
different	from	the	old	ones.	
                                                                  procedures	 under	 the	 existing	 WTO	 provisions	
                                                                  applying	 to	 regional	 trade	 agreements”.	 While	
Some	 of	 the	 new	 PTAs	 focus	 more	 on	 reducing	
                                                                  negotiations	on	the	procedural	issues	have	resulted	in	
behind-the-border	 barriers	 than	 on	 extending	
                                                                  the	 adoption	 on	 a	 provisional	 basis	 of	 the	 new	
preferential	tariffs.	Given	that	preferential	agreements	
                                                                  transparency	 mechanism	 for	 regional	 trade	
                                                                                                                                    15
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     agreements,	negotiations	on	rules	have	not	advanced.	           Conclusions
     These	 difficulties	 conform	 to	 a	 long-standing	 pattern	
     of	limited	progress.
                                                                     An	 over-arching	 conclusion	 of	 this	 report	 is	 that	
                                                                     regional	 and	 multilateral	 approaches	 to	 trade	
     The	rationale	for	using	a	“soft	law”	approach	would	be	
                                                                     cooperation	need	not	be	incompatible,	but	neither	can	
     to	 allow	 WTO	 members	 to	 better	 understand	 their	
                                                                     they	 be	 seen	 simply	 as	 arrangements	 that	 serve	 the	
     respective	 priorities	 and	 interests,	 with	 a	 view	
                                                                     same	purpose	 or	satisfy	 the	 same	needs.	Support	for	
     eventually	 to	 unblocking	 progress	 towards	 legal	
                                                                     an	 increasingly	 outward-looking	 and	 inclusive	 global	
     interpretations	 of	 particular	 provisions	 that	 would	
                                                                     trading	 order	 has	 been	 strong	 in	 the	 period	 since	 the	
     ensure	 coherence.	 However,	 the	 soft	 law	 approach	 is	
                                                                     end	 of	 the	Second	 World	 War,	 and	 this	 growing	trend	
     not	without	risk	as	soft	law	and	hard	law	could	become	
                                                                     towards	 openness	 has	 manifested	 itself	 through	
     antagonistic	to	one	another	if	the	underlying	conditions	
                                                                     unilateral,	 bilateral,	 regional	 and	 multilateral	
     for	cooperation	are	absent.	
                                                                     approaches.	
     As	 a	 result	 of	 global	 production	 sharing,	 new	 forces	
                                                                     The	 spread	 of	 deep	 PTAs	 and	 the	 weightier	 role	 of	
     favourable	to	the	multilateralization	of	regionalism	may	
                                                                     non-tariff	 commitments	 have	 important	 implications	
     have	 emerged.	 The	 extent	 to	 which	 deep	 integration	
                                                                     for	 how	 to	 evaluate	 the	 role	 of	 PTAs	 and	 how	 they	
     measures	 in	 PTAs	 have	 the	 potential	 to	 generate	 the	
                                                                     interact	with	the	multilateral	trading	system.	The	sheer	
     same	 sort	 of	 costly	 spaghetti/noodle	 bowl	 as	
                                                                     number	 of	 PTAs	 and	 continuing	 momentum	 towards	
     preferential	tariffs	is	still	a	matter	for	debate,	but	there	
                                                                     establishing	more	of	them	suggest	that	they	are	here	
     may	be	a	role	for	the	WTO	to	reduce	these	transaction	
                                                                     to	 stay.	 They	 respond	 to	 a	 range	 of	 economic	 and	
     costs.
                                                                     political	 needs.	 Governments	 will	 need	 to	 find	 a	
                                                                     coherent	way	of	fashioning	trade	policy	at	the	regional	
      See page 164
                                                                     and	 multilateral	 level.	 This	 means	 ensuring	 that	 PTAs	
                                                                     and	 the	 multilateral	 system	 complement	 each	 other	
                                                                     and	that	multilateral	disciplines	minimize	any	negative	
                                                                     effects	from	PTAs.

                                                                      See page 196




16
exeCutIve summARy




Endnotes
1	   These	figures	have	been	calculated	excluding	intra-EU	trade.

2	   If	intra-EU	trade	is	included,	30	per	cent	of	world	trade	is	
     preferential.

3	   This	figure	is	current	as	of	1	March	2011,	counting	
     notifications	for	agreements	that	are	currently	in	force.




                                                                                         17
I. World trade in 2010

Global trade flows rebounded strongly in 2010
following their collapse in 2009. The rise in the
volume of goods exports in 2010 was the
largest on record, enabling world trade to
return to its pre-crisis level but not its long-
term trend. Economic conditions continued to
improve in both developed and developing
economies, but the recovery of both trade and
output proceeded more slowly in developed
countries.
Contents
  A. Introduction                                       20
  B. the state of the world economy and trade in 2010   22
  Appendix tables and charts                            31
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WTO - World Trade Report 2011

  • 1. World Trade Report 2011 The WTO and preferential trade agreements: From co-existence to coherence
  • 2. What is the World The World Trade Report is an Trade Report? annual publication that aims to deepen understanding about trends in trade, trade policy issues and the multilateral trading system. Using this report The 2011 World Trade Report is split into two main parts. The first is a brief summary of the trade situation in 2010. The second part focuses on the special theme of preferential trade agreements. Find out more Website: www.wto.org General enquiries: enquiries@wto.org Tel: +41 (0)22 739 51 11
  • 3. Contents Contents Acknowledgements and Disclaimer 2 Foreword by the Wto Director-General 3 executive summary 5 I World trade in 2010 18 II The WTO and preferential trade agreements: From co-existence to coherence 40 A Introduction 42 1. Perspectives and insights in the World Trade Report 2011 44 2. Structure of the report 45 B Historical background and current trends 46 1. The formation of PTAs: a historical perspective 48 2. The evolution of PTAs: stylized facts 54 3. Trade flows related to PTAs 63 4. How preferential is trade? 72 5. Conclusions 85 C Causes and effects of PtAs: Is it all about preferences? 92 1. Motives for PTAs 94 2. The standard economics of PTAs 100 3. Going beyond the standard analysis 109 4. Conclusions 114 Technical Appendix: Systemic effects of PTAs 118 D Anatomy of preferential trade agreements 122 1. Are lower tariffs still important for PTAs? 124 2. Patterns in the content of PTAs 128 3. Production networks and deep PTAs 145 4. African regional cooperation: lessons from deep integration? 151 5. Conclusions 153 Appendix tables 157 e the multilateral trading system and PtAs 164 1. Systemic effects of preferential tariff liberalization 166 2. Deep PTA provisions and the multilateral trading system 168 3. Regionalism and the WTO: historical perspective 182 4. The relationship between PTAs and the WTO 187 F Conclusions 196 statistical appendix 199 Bibliography 228 technical notes 239 Abbreviations and symbols 243 List of figures, tables, boxes and maps 245 Wto members 249 Previous World trade Reports 250 1
  • 4. WOrld Trade repOrT 2011 acknowledgements The World Trade Report 2011 was prepared under the preparation. The authors are particularly grateful to general direction of the Deputy Director-General several individuals in the Legal Affairs Division (Valerie Alejandro Jara and supervised by Patrick Low, Director Hughes, Gabrielle Marceau and Edna Robles), the of the Economic Research and Statistics Division. The Trade in Services Division (Rolf Adlung) and Trade writing of this year’s report was coordinated by Nadia Policies Review Division (Rohini Acharya, Jo-Ann Rocha and Robert Teh. The principal authors of the Crawford, and Christelle Renard). The following Report were Marc Bacchetta, Cosimo Beverelli, John individuals from outside the WTO Secretariat also Hancock, Alexander Keck, Gaurav Nayyar, Coleman made useful comments on earlier drafts: Dale Nee, Roberta Piermartini, Nadia Rocha, Martin Roy, Andrews, Ann Capling, Manfred Elsig, Gary Hufbauer, Michele Ruta, Robert Teh and Alan Yanovich. Other Lena Lindberg, Xuepeng Liu, Mark Manger, Jean- written contributions were provided by Marc Auboin, Christophe Maur, Alessandro Nicita, Emanuel Ornelas, Manfred Elsig, Trudi Hartzenberg and Roy Santana. Joost Pauwelyn, John Ravenhill, Robert Staiger, Kati Special acknowledgment is owed to Richard Baldwin Suominen, Tania Voon, Peter Williams, and John for his many suggestions and contributions to the Whalley. report. Trade statistics information was provided by the Statistics Group of the Economic Research and The production of the Report was managed by Statistics Division, coordinated by Hubert Escaith, Paulette Planchette of the Economic Research and Julia de Verteuil, Andreas Maurer and Jurgen Statistics Division in close cooperation with Anthony Richtering. Aishah Colautti assisted in the preparation Martin, Heather Sapey-Pertin and Helen Swain of the of the graphical input and Paulette Planchette, Information and External Relations Division. The assisted by Véronique Bernard, prepared the translators in the Languages, Documentation and bibliography. Research assistance was provided by Information Management Division worked hard to meet Hans Baumgartner, Pavel Chakraborty, Claudia tight deadlines. This year the WTO Secretariat Hofmann, Joelle Latina, Alen Mlabdic, Andreas Lendle, launched a Webpage discussion on the topic of the and Gianluca Orefice. World Trade Report 2011. The Webpage, which attracted many stimulating contributions, was Other Divisions in the WTO Secretariat provided managed by Joelle Latina, in collaboration with valuable comments on drafts at various stages of Anthony Martin. disclaimer The World Trade Report and any opinions reflected therein are the sole responsibility of the WTO Secretariat. They do not purport to reflect the opinions or views of members of the WTO. The main authors of the Report also wish to exonerate those who have commented upon it from responsibility for any outstanding errors or omissions. 2
  • 5. FoReWoRD Foreword by the WTO director-General This year's World Trade Report takes an in-depth fresh As tariff preferences have look at preferential trade. The choice of this topic diminished in importance, reflects two significant trends in international trade non-tariff measures have relations, both of which carry far-reaching implications become relatively more for the multilateral trading system. The first and most significant as determinants readily evident of these is the continuing growth and of market access and the increasing prominence of preferential trade conditions of competition. agreements (PTAs). In the last two decades, the Non-tariff measures come number of PTAs has increased more than four-fold, to in many shapes. They may around 300 active agreements today. There is no be designed to influence reason to assume that PTAs will cease to grow in competitive conditions in number or that they will not form part of the long-term markets, just like tariffs, or tapestry of international trade relations. Secondly, the they may focus on public content of PTAs continues to evolve and deepen, policy concerns such as reflecting important changes in the world economy. health, safety, and the This too raises vital questions about the focus and environment. These public reach of the WTO, and the value assigned by policy interventions also have trade consequences and governments to globally-based trade relations. may be more or less discriminatory in their effects. The perennial concern about the relationship between For the most part, it would seem that non-tariff the multilateral trading system and PTAs has provoked measures of the public policy variety have remained different reactions among commentators and analysts. focused on consumer welfare and not benefits to Some would emphasize a clash of systems and producers. However, the fact that interventions inherent inconsistencies between discriminatory and putatively designed to protect consumers may also non-discriminatory approaches to trade relations. favour producers can lead to concerns over hidden Others would point to the growing prominence of PTAs protection and unwarranted market segmentation. In a as a reflection of the demise of multilateralism. Others world where the WTO is having difficulty advancing an still would assert that regional and multilateral updated multilateral agenda, the risks of preference- arrangements are in essence complementary and based discrimination and market disintegration built need to be fashioned accordingly. None of these around regulatory divergence should not be disregarded. perspectives can singly capture the complexity of international trade relations in a globalizing world. An important additional element in the equation, stemming from the emergence of supply chain Our report seeks to navigate a way through these production as a prominent mode of twenty-first- complexities in bringing new data and analyses to century integration, is that new regulatory matters are understand these issues. It acknowledges the multiple increasingly on PTA agendas. These include issues motivations for preferential approaches. At the same such as investment, competition policy, government time, the report identifies important ways in which the procurement and harmonization or mutual recognition focus of trade policy, particularly of the preferential of product and process standards. The report analyses variety, is being reshaped to reflect the consequences the content of a large number of PTAs in terms of of past policies as well as changes in production whether they augment WTO provisions in particular structures internationally. policy areas and introduce entirely new issues. Both of these tendencies are identified in many PTAs, In earlier times PTAs were most likely to be motivated particularly those that have entered into force more by the desire to avoid relatively high most-favoured recently. Here, then, is another reason why we need to nation (MFN) tariffs. The theory on free trade areas remain attentive to policy fragmentation. To the extent and customs unions mirrored this reality by placing the that the desire for deeper integration under PTAs, in notions of trade creation and trade diversion centre- both WTO and non-WTO areas of regulation, is driven stage. At the same time, considerable attention has by the logic of vertically integrated international been paid to the discriminatory effects of rules of production structures, one is less likely to encounter origin on the trade of third parties. More recently, this discriminatory intent lurking behind regulatory context has lost some of its relevance because cooperation in PTAs. But we should be mindful of the underlying realities have changed. As the report possibility that even in the absence of intent, market documents, average tariffs have fallen markedly in segmentation and discriminatory outcomes could be recent years, making tariff preferences a more minor an unavoidable consequence of these arrangements. motivation for entering into PTAs. Furthermore, it seems that where MFN tariffs remain high they are The report pays explicit attention to the question of also excluded from preferential reductions, additionally what is needed in a multilateral context to ensure that weakening this motivation. 3
  • 6. WOrld Trade repOrT 2011 PTAs and the WTO do not simply run on parallel tracks, Thirdly, to the extent that PTAs are motivated by a offering plentiful opportunities for inconsistency and desire for deeper integration rather than market conflict. This focus explains the subtitle of the report segmentation, there could be a role for the WTO to – “From co-existence to coherence”. What then, should promote greater coherence among non-competing but the WTO be doing? It has often been said that if the divergent regulatory regimes that in practice cause WTO made progress in multilateral negotiations, both geographical fragmentation or raise trade costs. This on market access and rules, this would soften the agenda has been referred to as multilateralizing likelihood of clashes and inconsistencies with PTAs. regionalism. In some cases the multilateralization This is undoubtedly a valid point, but the experience of effect occurs de facto because regulatory reforms the Doha Development Round during the last decade undertaken in a PTA context are applied in a non- has raised questions about the ability and willingness discriminatory manner. This MFN dividend could be of governments to advance the multilateral agenda. It built upon in other policy areas. The feasibility of this has also raised the need to connect the multilateral approach would need to be researched further. and bilateral “brains” of trade policy drivers and actors. We need a better record if we are to attain greater Whatever view one takes of precisely how to promote coherence between the WTO and PTAs through a global orientation in trade relations, there is no doubt successful multilateral negotiations. that we need to build towards a more stable and healthier trading environment, where alternative trade A second possibility is to continue the quest for policy approaches are mutually supportive and balance greater legal clarity and detail in the WTO rules about equitably the needs of all nations. It is to the discussion what is permissible under PTAs. Progress here could of this agenda that this year's World Trade Report blunt the likelihood of damaging discriminatory seeks to make a contribution. I hope members will outcomes under PTAs, whether intentional or have a first opportunity to consider some of the issues otherwise. Here again, however, years of effort in the in this report at the upcoming 8 th WTO Ministerial Doha Round and before to address multilateral Conference in December 2011. provisions on PTAs have yielded limited results. It is for governments to determine whether they need greater legal certainty in this domain. If they do, perhaps a more circuitous route to the objective is precisely the one that members have recently embarked upon. The provisional establishment of the Transparency Mechanism for Regional Trade Agreements may pave the way for non-litigious deliberations that could build confidence and understanding among members regarding the motives, contents and policy approaches underpinning regional initiatives, leading over time to a Pascal Lamy shared vision and reinforced legal provisions. Director-General 4
  • 7. exeCutIve summARy executive summary Section a: Introduction Section B: Historical background and current trends The report is divided into four main parts. The first provides an historical analysis of preferential trade agreements (PTAs) and a description of the current the formation of trading blocs: landscape. It documents the large increase in PTA a historical perspective activity in recent years, breaking this down by region, level of economic development, and type of integration Global trade relations have never been uniform or agreement. It provides a precise estimate of how much monolithic and regional trading arrangements trade in PTAs receives preferential treatment. have been around for centuries. The second section discusses the causes and Regional trading arrangements have encompassed consequences of PTAs, focusing on both economic empires and colonial spheres of influence, bilateral and political factors. A distinction is made between commercial treaties and, more recently, multilateral shallow and deep integration in order to suggest that agreements. They have often overlapped and traditional theories do not fully explain the emerging interacted, creating a trade landscape defined less by pattern of PTAs. The report examines in particular the clear-cut choices between regionalism and role of international production networks in prompting multilateralism – or discrimination and non- the creation of deep PTAs. discrimination – than by the complex interplay, even competition, among multiple trade regimes. The third section focuses on the policy content of PTAs, with particular reference to the depth and scope Despite this complexity, in more recent times trade co- of commitments compared with those contained in the operation has become broader and more inclusive. WTO agreements. It supports the link between Defining landmarks in this trend have been the production networks and PTAs with both statistical establishment of the GATT in 1947 and the WTO in evidence and case studies. 1995. At the same time, trade relations have become deeper and more far-reaching, incorporating areas The final section identifies areas of synergies and such as services trade, foreign investment, intellectual potential conflicts between PTAs and the multilateral property and regulatory regimes. These tendencies trading system and examines ways in which the two are a clear reflection of the growing integration of the “trade systems” can be made more coherent. world economy and the “internationalization” of policies that were once considered domestic. In some See page 42 cases, regional agreements have progressed further in this direction than the over-arching multilateral framework. Progress has not been continuous, and there have been major set-backs and reversals along the way. The economic depression of the early 1870s, for instance, effectively brought the expansion of Europe's bilateral trade treaties to an end, just as the “Great Depression” of the early 1930s helped fuel the spread of defensive and increasingly hostile trade blocs in the inter-war period. Conversely, the push for a more open and inclusive trading order has been strongest during periods of economic expansion and international peace. A main justification for creating the GATT in the post-war period was the widely held belief that hostile trade blocs had contributed directly to the economic chaos of the 1930s and the outbreak of the Second World War. the establishment of the post-war multilateral trading system did not diminish the attraction of bilateral or regional approaches to trade arrangements and led instead to a period of creative interaction and sometimes tension between multilateralism and regionalism. 5
  • 8. WOrld Trade repOrT 2011 The first wave of regionalism in the late 1950s and reciprocal trade opening and by an increase in the 1960s was driven by Western Europe's push for number of PTAs per country. All WTO members (with continental integration, leading to the establishment of the exception of Mongolia) belong to at least one PTA. the European Economic Community (EEC) in 1957 and the European Free Trade Agreement (EFTA) in PtA activity has transcended regional boundaries. 1960. Throughout this period, GATT tariff cutting and membership enlargement moved in tandem, first with One half of the PTAs currently in force are not strictly the Dillon Round in 1960-61 and then with the much “regional”. The advent of cross-regional PTAs has been more ambitious Kennedy Round between 1964 and particularly pronounced in the last decade. The trend 1967. towards a broader geographical scope of PTAs is even more pronounced for those PTAs that are currently Subsequent waves of regionalism, from around the under negotiation or have recently been signed (but mid-1980s onwards, reflected an increasing embrace are not yet in force). Practically all of these are of the of such arrangements in the Americas, Asia and Africa, cross-regional type. as well as in Europe. The continuing proliferation of regional agreements over the last 25 years involves a PtAs have seen opposing trends towards further wide network of participants – including bilateral, rationalization on the one hand and a sprawling plurilateral and cross-regional initiatives – and web of new bilateral and overlapping deals on the encompasses countries at different levels of economic other. development – including “developed-developed”, “developing-developing”, and “developed-developing” Numerous bilateral agreements have been alliances. These newest agreements also often consolidated into plurilateral agreements either via address WTO+ type issues, such as services, capital accessions or negotiations between existing PTAs. flows, standards, intellectual property, regulatory Examples include successive EU enlargements, the systems (many of which are non-discriminatory) and consolidation of bilateral pacts between Eastern commitments on labour and environment issues. European countries in the context of the Central European Free Trade Agreement (CEFTA) and the The Uruguay Round (1986-1994) coincided with a conclusion of a PTA between Mercosur and the period of growing regionalism and several issues, Andean Community in the Latin American Integration including services and intellectual property, were Association (LAIA) framework. addressed for the first time both regionally and multilaterally. The continuing proliferation of PTAs in At the same time, a parallel trend is discernible towards parallel with the Doha Round has provoked a debate bilateral deals across regions. While many of these about coherence, compatibility and potential conflict bilateral arrangements are between developing between multilateral and regional approaches to trade countries, developed countries have also played a part. cooperation. Among the questions addressed in this A consequence of this trend is an increased debate are whether burgeoning regionalism signals a fragmentation of trade relations, with countries weakening of international commitment to open trade, belonging to multiple, sometimes overlapping PTAs. and foreshadows a return to a more fragmented trading system. Alternatively, PTAs may be part of a Free trade agreements are far more prevalent broad pattern seen since the Second World War – than customs unions and a number of products where some countries want to move “further and continue to be excluded from preferential access. faster” in trade rule-making than others, where bilateral and regional agreements can have a positive, Free trade agreements account for more than three- “domino effect”, encouraging the pace of multilateral quarters of all PTAs in force. Although GATT cooperation (and vice versa), and where regional and Article XXIV requires that import duties are to be multilateral agreements are becoming coherent, not eliminated on substantially all trade among the conflicting, approaches to managing a more complex members of customs unions and free trade areas, and integrated world trading order. some products are often excluded. A recent study of PTAs involving four major trading countries and their stylized facts about PtAs partners shows that about 7 per cent of tariff lines in the sample are excluded, either temporarily or PtA participation has accelerated over time and permanently. These products are mainly agricultural or become more widespread. food items, and labour-intensive manufactured products such as footwear and textiles. From the 1950s onwards, the number of active PTAs increased more or less continuously to about 70 in the coverage of PtAs in terms of policy areas has 1990. Thereafter, PTA activity accelerated noticeably. widened and deepened over time. The number of PTAs in force in 2010 was close to 300. The surge in PTA activity is driven both by a Notwithstanding the prevailing pattern of specific growing number of countries taking an interest in product exclusions from tariff elimination, most recent 6
  • 9. exeCutIve summARy PTAs go beyond traditional tariff-cutting exercises and type of goods being traded. The share of intra-regional may include such policy areas as services trade, trade in world exports of manufactured goods was investment, intellectual property, technical barriers to quite stable between 1990 and 2009, fluctuating trade and dispute settlement. For instance, about one- between 56 and 59 per cent, but the share for office third of PTAs in force today contain services and telecom equipment jumped from 41 per cent to commitments compared to less than a tenth in 1990. 58 per cent. Taken together, these results suggest that supply chains may be an important component of stylized facts about trade flows related recent PTA activity in Asia and in the electronics sector, but not so much in other regions or economic to PtAs sectors. the value of world trade between members of preferential trade agreements has increased as How preferential is trade? the number of PtAs has expanded. trade among PtA members is not all preferential Intra-PTA trade represented about 35 per cent of total on account of the fact that a significant portion of world merchandise trade in 2008, compared with 18 intra-PtA trade is mFn duty-free. per cent in 1990.1 Preferential trade – that is, trade actually receiving preferential tariff treatment – In a sample covering imports of the 20 largest represents a much smaller share of world trade. importers from all their trading partner countries – However, it is still worth considering total trade among accounting for 90 per cent of world merchandise trade PTA members because the latest generation of trade in 2008 – only 16 per cent qualified as preferential agreements may be motivated by a broader set of trade, assuming full utilization of preferences. 2 In other considerations than just tariff reductions, including the words, despite the explosion of PTAs in recent years, development and maintenance of supply chains. 84 per cent of world merchandise trade still takes place on a non-discriminatory most-favoured nation The share of manufactured goods in total intra-PTA (MFN) basis. This is firstly because half of world trade exports is the same as the share of manufactured is already subject to zero MFN tariff rates. Secondly, goods in world trade (65 per cent), and this share does PTAs tend to exempt high MFN-tariff items from not vary much across PTAs. However, intra-PTA trade preferential treatment and continue to trade these in parts and components does vary significantly across products at MFN rates. trade agreements, suggesting a link between some PTAs and vertically integrated production structures. Existing preferential tariffs reduce the global trade- weighted average tariff by one percentage point, and Plurilateral trade agreements accounted for half of 90 per cent of this reduction (i.e. 0.9 percentage global intra-PTA trade in 2008, while bilateral trade points) is due to reciprocal preference regimes. Only agreements (including those where one party is a PTA) 2 per cent of global imports are eligible for preferential accounted for the other half. tariffs where preference margins are 10 per cent or more. For most large exporters, preferential tariffs If many recent PtAs were designed to support matter little for the bulk of their exports. This is not production networks, we might expect to see always true for individual sectors especially in certain greater geographic concentration of trade over smaller economies exporting a narrow set of time, since many production networks are commodities (mainly sugar, rice, bananas, fish and regional in nature. evidence of this exists only for garments), where preference margins may be more certain regions. substantial. There is a possibility though that these preferences will be eroded over time as the countries The share of intra-regional trade in Europe's total to which they export enter into more PTAs. exports remained roughly constant at around 73 per cent from 1990 to 2009. Asia's intra-regional trade Data from some customs administrations suggest share increased from 42 per cent to 52 per cent of a high rate of preference utilization. total exports during the same period. North America’s intra-regional trade share rose from 41 per cent in Information on the value of imports under different 1990 to 56 per cent in 2000, but then fell back to preferential regimes from the EU and US reveal 48 per cent in 2009, so there appears to be no global preference utilization rates of 87 and 92 per cent pattern that applies to all industrialized regions. respectively. Preference utilization rates are uniformly Developing regions that predominantly export natural high for most exporting countries, preferential regimes resources have seen the share of intra-regional trade and types of products. Analysis shows that both in their total exports shares rise substantially over the preference margins and import values have a positive past 20 years or so, but they remain quite small. and statistically significant impact on preference utilization. Surprisingly, however, many individual items The extent to which trade has become more facing tariffs below 1 per cent still exhibit high geographically concentrated differs depending on the utilization rates. This might suggest either that the 7
  • 10. WOrld Trade repOrT 2011 cost of using preferential tariffs in certain cases is Section C: Causes and effects of negligible or that other benefits are linked to using these preferences, perhaps related to privileged pTas: is it all about preferences? customs clearance, qualification under specific security measures or advantages in case of re-export motives for PtAs to other PTA partners. economic and political science theories provide Data from firm surveys offer a more detailed and various explanations for why countries establish mixed picture of preference utilization rates. preferential trade agreements. Firm surveys carried out in 2007-08 by the Asian Unilateral trade policy choices can have “beggar-thy- Development Bank (ADB) and the Inter-American neighbour” consequences, such as unfavourably Development Bank (IDB) in six East Asian countries affecting the ratio of import to export prices (terms-of- and four Latin American countries respectively reveal trade effect) or a production relocation effect. Countries that the use of PTA preferential tariffs is not uniformly might be stuck in a situation characterized by high high. For instance, the ADB survey shows that only restrictions and inefficiently low levels of trade. A trade around one-quarter of firms in the sample currently agreement could neutralize these beggar-thy-neighbour used these preferences. However, this number doubled effects and achieve higher welfare. Economic theory when plans for using PTA preferences in the future suggests, however, that a multilateral agreement rather were factored in. The IDB survey shows that only than a PTA is the best way to address the problem. 20 per cent of the firms in the sample did not make any use of PTA preferences. Gains in credibility suggest a second reason for signing a PTA. A government may choose to “tie its Complications and costs involved in complying with hands” through an international agreement in order to rules of origin were cited as considerations influencing prevent future policy reversals that would be preference utilization, especially where preference convenient in the short-run, but inefficient in the long margins were low. The surveys also cited other firm- term. A PTA may provide a stronger commitment than specific factors that influenced preference utilization. a multilateral agreement when a country is small in For instance, larger, more experienced firms, with world markets. higher foreign equity and more information about PTA provisions, were more likely to use preferential tariffs. "Non-traditional” reasons for why countries form PTAs Firms in a number of countries suggested that a lack include accessing a larger market, ensuring against of information on PTAs was the major explanation for preference erosion, increasing predictability of future the non-use of these preferences. trade policy, signalling stability to investors, and achieving deeper policy commitments. See page 46 The creation of PTAs cannot be understood without taking account of political circumstances. Political science explanations of PTA formation focus on the role of political integration, the role of domestic political considerations, the form of governments and institutions, diplomacy, and the role of power relations. Changes in trade relationships may explain the growth of PtAs over time. together with certain country characteristics, they may also explain the timing of PtA formation and enlargement. The potential loss of market share for non-members of an existing PTA induces them to form new PTAs or join existing ones. These domino effects of PTA formation can be further strengthened with multilateral trade opening. Among the factors accounting for the pattern of PTA formation and enlargement over time are the physical distance between countries, economic size, similarity in economic size, proximity of a potential entrant to an existing PTA, the extent of existing agreements facing a country pair, and the existing number of members in a PTA. 8
  • 11. exeCutIve summARy the standard economics of PtAs whether a PtA reduces or increases the incentive to set inefficiently high external tariffs. the standard theory on the effects of PtAs suggests that preferential trade agreements In shaping their PTAs, governments may not be increase trade between member countries and influenced exclusively by the welfare implications of reduce trade with third-countries, leading to agreements. If organized lobby groups carry sufficient negative welfare effects for non-members of weight in the political preferences of governments, PtAs. trade-diverting PTAs could be politically viable in some circumstances. A PTA increases trade among members as exporters benefit from the elimination of tariffs in partner Moreover, conflicting political economy forces may act markets. Non-member countries suffer from a upon external tariffs agreed in a PTA. On the one reduction of exports to member countries and a hand, PTAs destroy protectionist benefits and lower decline in the price of their exports in international the demand for high external tariffs. On the other markets. hand, high external tariffs can be used in PTAs to sustain cooperation on non-trade issues. The empirical In the traditional Vinerian analysis, preferential trade literature finds evidence of both effects. opening allows some domestic production to be replaced by imports from more efficient firms located Restrictive rules of origin (Roos) in PtAs may in preference-receiving countries, leading to welfare divert or suppress trade in intermediate goods. gains (trade creation). At the same time PTAs may reduce imports from more efficient non-member Restrictive RoOs may make it profitable for firms in a countries, implying a welfare loss (trade diversion). The country to engage in “supply switching” – replacing an net welfare effect of PTAs depends on the relative efficient non-member supplier of an intermediate good magnitude of these opposing effects. with a less efficient one, either from a partner country (trade diversion) or a domestic firm (trade contraction supply chain or vertical production arrangements or suppression). Furthermore, by influencing the may change the welfare calculus. sourcing of intermediate goods, RoOs are likely to increase firms' costs and hence have an adverse effect The possibility of trading components used in the on final goods trade. production of final goods alters the calculation of trade creation and trade diversion. Although the outcome is This discrimination, which leads to trade diversion by still uncertain, welfare-reducing PTAs trading only in protecting the exports of certain industries in PTA final goods could become welfare-improving once member countries, can be resolved through the members trade in parts and components along a “diagonal cumulation” of RoOs. Under this supply chain. In this way, international production arrangement, participating countries agree that in all networks can mitigate the trade diversion effects of PTAs concluded among themselves, materials PTAs, although this is by no means guaranteed. originating in one country can be considered to be materials originating in any of the other countries. the trade effects of a preferential agreement depend on the economic characteristics of PtA Going beyond the standard analysis members. the concept of deep integration is widely used to The “natural trading partners” hypothesis suggests refer to any arrangement that goes beyond a that trade agreements among countries which trade simple free trade area. intensively are more likely to be trade-creating. Preferential trade agreements may also have dynamic Trade agreements that mostly deal with border effects, for instance driven by economies of scale, and measures are often defined as “shallow” agreements. effects on the location of production. In contrast, preferential agreements that include rules on other domestic policies are referred to as “deep” Several studies have tested the traditional theories on agreements. trade creation and trade diversion. While this literature is not conclusive, it suggests that trade diversion may Two distinct dimensions of deep integration are the play a role in some agreements and in some sectors, “extensive” and the “intensive” margin. The extensive but it does not emerge as a key effect of preferential margin refers to an increase in the policy areas agreements. covered by an agreement, while the intensive margin refers to the institutional depth of the agreement. The When governments have political economy extensive and intensive dimensions of deep reasons for signing a PtA, the question arises agreements may be related, as an extension of the whether trade-diverting or trade-creating coverage of an agreement may require the creation of agreements are more politically viable and common institutions for its proper functioning. 9
  • 12. WOrld Trade repOrT 2011 Deep integration and trade are intimately related. Deep integration may involve several trade-offs that need to be addressed. Deep arrangements may be necessary to promote trade in certain sectors and economic integration more A basic trade-off arises between the benefits of broadly. For instance, harmonization or mutual common policies and the costs of harmonization when recognition of certain regulations may be a pre- policy preferences differ among member countries. requisite for trade in services, or competition policy rules may be required to allow comparative advantage Deep integration lowers trade costs and provides to materialize. shared benefits, such as common rules and a stable monetary system, that the market or national Economic theory also suggests that the degree of governments fail to offer. However, no unifying analysis trade openness is a determinant of deep agreements. is possible of the economic effects of deep integration, In this respect, shallow and deep integration may be as these effects depend on the specific form that seen as complementary where the first generates a arrangements take. demand for governance that the second can provide. Deep integration with advanced economies may create An institutional challenge for the WTO is to find an advantages for developing countries from importing approach that facilitates deeper integration sought by best-practice institutions. However, costs may be its members while maintaining compatibility with the involved if the common rules are distant from national non-discrimination principle. preferences and the needs of developing countries. the rise in international production networks Deep integration also has systemic effects. Deep illustrates the complementarity between trade agreements may impose costs on non-member and governance which is at the core of successful countries. On the other hand, deep regional integration deep agreements. could provide an appropriate intermediate level of integration (e.g. common rules) between nation states In order for cross-border production networks to and the global level in different behind-the-border operate smoothly, certain national policies need to be areas. harmonized or rendered mutually compatible to facilitate business activities in several countries. This See page 92 generates a demand for deep forms of integration. Developed countries were the first movers in the attempt to provide some international rules to further encourage international fragmentation of production. Agreements such as the EU Single Market Programme or the US-Canada free trade area can be explained (at least in part) in terms of increased demand for deep integration generated by the needs of international production sharing arrangements. The continuous expansion of production sharing between developed and developing countries requires deeper agreements to fill the governance gap between countries. An agreement such as the North American Free Trade Agreement, for example, includes disciplines going beyond preferential tariffs that are required to facilitate production sharing between the United States and Mexico. In Europe the Euro- Mediterranean agreements fulfil the same objective. The recent wave of preferential agreements may (at least in part) be an institutional response to new circumstances created by the growth in offshoring. In this sense, PTAs are efficiency-enhancing rather than beggar-thy-neighbour (trade-diverting) agreements. 10
  • 13. exeCutIve summARy Section d: anatomy of overall, services commitments in PtAs have gone well beyond commitments in the General preferential trade agreements Agreement on trade in services (GAts) as well as Doha Round offers in services. Preferential tariffs and PtAs Services obligations typically form part of Preference margins are small and market access comprehensive PTAs covering “new generation” issues is unlikely in many cases to be an important such as investment, intellectual property, or reason for creating new PtAs. e-commerce. Out of 85 notifications under Article V of the GATS, 3 a little more than a third rely on a GATS- The estimated average applied tariff across all type listing of areas where specific commitments apply products and countries was 4 per cent in 2009, and (positive list), almost half rely on the more the scope for exchanging preferential market access is comprehensive approach of indicating where specific therefore limited. Significant tariff barriers still exist in commitments do not apply (negative list) and the some sectors, however, such as agriculture and labour- remainder adopt a mixture of the two approaches. intensive manufactured goods. However, PTAs do not appear to be about the removal of tariff peaks either. Despite innovations in their structure, most services Most sensitive sectors remain sensitive (subject to PTAs share a broad commonality with the GATS in higher tariffs) in PTAs. Approximately 66 per cent of terms of the basic set of disciplines, although some tariff lines with MFN rates above 15 percentage points PTAs have gone beyond GATS with respect to have not been reduced in PTAs. disciplines on domestic regulation or transparency, for example. When the advantage conferred by providing preferential access to an exporter is calculated with respect to the the investment chapters in PtAs contain many average applied tariff faced by all exporters to the same provisions and guarantees that are important to market rather than relative to the MFN rate, the share of international production networks. global trade for which preferential market access matters is less than 13 per cent. Since firm-specific assets such as human capital (management or technical experts) and intellectual Patterns in the content of PtAs property (patents, blueprints) give international firms a competitive edge, protecting these assets against PtAs cover many more policy areas than tariffs expropriation will encourage more production sharing. and frequently entail legally enforceable Allowing freer movement of corporate personnel is commitments. another critical requirement. Investor confidence will be further improved through access to a dispute In a sample of almost 100 PTAs, deep integration settlement mechanism. elements were classified into WTO+ areas and WTO-X areas. WTO+ refers to deeper integration in areas From the sample of investment chapters in PTAs used covered by the WTO and WTO-X refers to policy areas for this report, it appears that a large proportion of not covered in WTO agreements. The analysis confirms agreements have adopted a negative list and hence a that many PTAs go beyond the WTO and these deep more ambitious approach to investment opening. They integration provisions are frequently enforceable legally. typically extend MFN and national treatment to foreign investors, provide guarantees of investor protection As expected, WTO+ provisions universally include and grant private investors the right to dispute industrial and agricultural tariffs. An increasingly large settlement. In general, the investment provisions in number of PTAs now also include provisions on technical these PTAs are accommodating, although no attempt barriers to trade, services, intellectual property and has been made to test how much these provisions trade-related investment measures. WTO-X provisions actually affect flows of foreign direct investment. More commonly include competition policy, investment and recent PTAs appear more open on the investment the movement of capital. About one-third of the PTAs in front than earlier ones. the sample also include environmental laws, labour market regulations and measures on visa and asylum. As tariff barriers have progressively been reduced, non-tariff barriers have acquired Compared with PTAs between trading partners with increasing weight. over time, more and more similar levels of income, those between developed and PtAs have included provisions regarding developing countries contain a higher number of technical barriers to trade (tBts). WTO+ provisions on average. WTO-X provisions are encountered most frequently in agreements between The inclusion of specific provisions in PTAs appears to developed countries, followed by those between follow a hub and spoke structure, with a larger partner developed and developing countries, and finally those representing the hub to whose standards the spokes between developing countries. will conform. For example, while the agreements 11
  • 14. WOrld Trade repOrT 2011 signed by the EU typically include harmonization competition authority in one PTA member takes action provisions, North American agreements that embody against anti-competitive behaviour. TBT provisions tend to prefer mutual recognition. In addition, North American, East Asian and South- Production networks and deep PtAs Central American TBT provisions in PTAs mainly focus on introducing transparency requirements and empirical analysis confirms the positive developing institutional bodies, while EU and African association between deep integration and agreements barely consider these issues. production networks. the risk of a lock-in effect exists in regional Lack of data poses some difficulties in assessing the provisions on tBts. international fragmentation of production, forcing empirical studies to rely on proxy measures for Harmonization to a regional standard may increase the production networks. This analysis uses trade in parts costs for further multilateral liberalization. If adopting a and components to proxy for global production sharing. certain standard involves the payment of some form of fixed costs, the risk exists that regional provisions may Results show that greater trade in parts and work as a stumbling block in multilateral cooperation. components increases the depth of newly signed agreements among PTA members. PTAs also increase Competition policy complements the reduction of trade in parts and components by 35 per cent among trade barriers. members. In addition, the greater the depth of an agreement, the bigger the increase in trade in parts The adoption of competition policy in PTAs is in many and components among member countries. The ways a natural complement to the reduction of trade, estimation results show that on average, signing deep investment and services barriers. In evaluating agreements increases trade in production networks competition rules in PTAs, one needs to go beyond the between member countries by almost 8 percentage competition policy chapter of PTAs to include points. competition-related provisions that appear in other chapters of trade agreements. Competition disciplines the case of AseAn: from regionalization to appear in the chapters on investment, services (in regionalism. telecommunications, maritime transport and financial services), government procurement and intellectual ASEAN was established in 1967 largely to deal with property. rising territorial tensions among some of its members (the original signatories were Indonesia, Malaysia, Sector-specific competition provisions may have Philippines, Singapore and Thailand) and with possible stronger pro-competitive effects than the articles in spillovers from the conflict in Indochina. In the quarter the competition policy chapter itself, assuming that the of a century that spanned the creation of the trade agreement has one. Principles in PTAs relating association and the decision formally to establish the to non-discrimination, procedural fairness and ASEAN free trade area (AFTA), there was a shift in transparency can also have a strong bearing on economic policy from traditional import substitution to competition law and policy. export promotion and openness to foreign direct investment. many elements of competition rules in PtAs are characterized by non-discrimination. This led to a huge increase in total merchandise exports of the five original members. In particular, Competition disciplines usually operate through the exports of parts and components became increasingly use of domestic regulations. While it is not impossible important, rising from just about 2 per cent of total for these regulations to be tailored to favour exports in the year of the association's founding to enterprises originating from PTA partners, it may be 17 per cent by the time the free trade agreement was costly to do so. To the extent that enforcement of signed. Equally telling was the increased prominence competition law reduces the market power of domestic of parts and components trade in intra-regional trade. incumbents, the prospects of foreign enterprises that already operate in the market are improved, whether or While the increased regionalization of trade in parts not they are from a PTA member. and components trade in ASEAN would not have been possible without the countries' openness to trade and Competition provisions in regional agreements may foreign investment, it may not have been sufficient for carry other external benefits, such as economies of production networks to continue to flourish. This may scale from the creation of a regional competition explain AFTA's evolution beyond a free trade area. authority. Even if no centralized authority is Services and intellectual property agreements were established, benefits can flow from information sharing signed in 1995, an investment agreement and dispute and cooperation among enforcement authorities. settlement mechanism in 1996, and a framework Demonstration effects may also apply when a agreement for mutual recognition arrangements in 12
  • 15. exeCutIve summARy 1998. Recent studies document how AFTA succeeded economic diversification. Enhanced market access in reducing trade costs, not through preferential tariff without the capacity to produce goods and services to liberalization but through concerted trade facilitation benefit from those opportunities will fail to produce initiatives, and how this was motivated by participation higher economic growth. At a regional level these in international production networks. supply-side constraints could be addressed in part by a regional integration agenda that includes services, Production networks may explain some PtAs in investment, competition policy and other behind-the- Latin America too: the case of Costa Rica. border issues. In short, a deep integration agenda could address supply-side constraints more effectively As a result of its policies of trade and investment than an agenda that focuses almost exclusively on opening, Costa Rica has experienced a significant border measures. change in its trade structure, with a substantial rise in the share of manufacturing exports as well as trade in See page 122 services in total exports. Over the last decade, the country has become more integrated with global production networks in such sectors as electronics, medical devices, automotive, aeronautic/aerospace, and film/broadcasting devices. The link between production networks and PTAs seems apparent in Costa Rica's agreements with the United States (US-CAFTA-DR agreement) and with China. While overall trade with the United States grew by about 11 per cent annually from 1995, parts and components trade grew at about twice that rate. More than 25 per cent of Costa Rica's total goods exports in 2009 were directly related to production networks in electronics, with China being the main trading partner. Overall, trade in parts and components makes up about half of Costa Rica's current trade with China. not all integration experiences conform to this pattern: the case of Africa. The roots of African integration lay in the effort to correct the geographical fragmentation bequeathed by colonialism. Fragmentation resulted in small markets, land-locked economies, and limited development options. In the 1980s, the Lagos Plan of Action proposed the division of the continent into regional integration areas that would eventually constitute a united African economy. For the most part, African integration has focused on import tariffs. The inclusion of services and other behind-the-border issues, such as investment, competition policy and government procurement, has proved contentious. A major limitation to African integration progress has been its adherence to a “linear” integration model. This process is marked by the stepwise integration of goods, labour and capital markets, and eventually monetary and fiscal integration. Deep integration could improve Africa's record on regional cooperation. Border measures are likely to represent a minor constraint to regional trade in Africa compared with structural economic shortcomings, such as a lack of infrastructure, an institutional framework, skills, and 13
  • 16. WOrld Trade repOrT 2011 Section e: The multilateral directly refer to WTO rules on deep integration measures, automatically supporting the multilateral trading system and pTas trading system. systemic effects of preferential tariff Several mechanisms supporting further trade opening liberalization are found in PTAs. These include “non-party” MFN clauses, a tendency to use template approaches that A number of different mechanisms have been replicate trade rules, and domino effects pointing in identified through which PtAs could foster or the direction of the progressive extension of hinder multilateral trade opening. preferential market access. The prospect of preference erosion can be a force for Production chains can alter political-economy supporting further multilateral tariff reduction or for forces in favour of the adoption of trade measures resisting it. The presence of political-economy that comply with the principle of non- motivations behind tariff reductions is another factor discrimination. that can either foster or slow down the diminution of preferential tariffs through trade-opening on an MFN Final good producers sourcing their imports through basis. international value chains are likely to support the harmonization of rules of origin across PTAs, for Opposition to further multilateral tariff reductions instance through the adoption of rules of cumulation. might also arise in the case of PTAs that are concluded to foster mutual cooperation on non-trade issues, or The international fragmentation of production may when PTAs increase the adjustment costs associated also be a driver of deep integration provisions that are with multilateral opening, or when the PTA is trade- consistent with the principles of the multilateral trading creating from the perspective of excluded countries. system, such as international standards and multilateral rules on trade remedies. evidence on the systemic effects of regionalism on multilateral tariff reductions is inconclusive. some deep provisions in PtAs can, however, contain discriminatory aspects, creating a tension The literature that considers whether MFN and with the multilateral trading system. preferential tariffs complement or compete with each other finds opposite results for developing and The risk of trade diversion may extend beyond tariffs, developed countries. Most of the contributions to this for example to the area of anti-dumping. Anti-dumping literature, however, do not distinguish between MFN provisions in PTAs may result in members being spared tariffs that have been negotiated at the multilateral from anti-dumping actions and an increased frequency level and unilateral tariff reductions. of anti-dumping actions against non-members. Moreover, many PTAs exclude the imports of PTA Examination of the correlation between PTA formation partners from global safeguard actions. and multilateralism cannot produce conclusive results because multilateral trade rounds are rare events, Lock-in effects of regulatory harmonization within where more or less ambitious trade opening scenarios a given PtA may have negative systemic effects. are negotiated. Multilateral trade negotiations are not structured to contemplate either full or zero trade Competing PTAs with incompatible regulatory opening. Anecdotal evidence can be found to support structures and standards may lock in members to a the view that PTAs facilitate further multilateral trade particular regime, undermining the principles of opening and the opposite view that they hinder it. transparency and predictability of regulatory regimes and making movement towards multilateral trade opening costly. Deep PtA provisions and the multilateral trading system the non-discriminatory nature of deep provisions might in principle create political-economy and so far not much research has been conducted on third-country resistance to further multilateral the systemic effects of deep-integration opening. provisions. the existing literature suggests that deep integration is often non-discriminatory. If preferential liberalization is non-discriminatory in nature, it might be opposed by political-economy By their very nature, some deep integration provisions forces because higher market shares (and profits) in are de facto extended to non-members because they the other member’s market might be more than offset are embedded in broader regulatory frameworks that by the loss of domestic profits vis-à-vis firms from apply to all trading partners. In such cases, multilateral partners and non-members. regulation may not be necessary. PTAs may also 14
  • 17. exeCutIve summARy Concerns over overlapping jurisdiction between involving such measures do not typically induce trade the Wto dispute settlement system and the diversion, their systemic implications cannot be dispute settlement mechanisms of PtAs have analysed using the traditional stumbling blocks/ received considerable attention in the academic building blocks framework. Moreover, the political literature. economy of new PTAs is different from that of preferential tariffs. The possibility that dispute settlement procedures in more than one forum can give rise to conflicting new international trade rules are being developed judgements has been discussed as a potential source outside the Wto, with attendant risks of exclusion of concern. The issue has been raised only in a handful and additional trade costs arising from of WTO disputes. A review of the disputes brought to overlapping and possibly competing regulatory the WTO reveals that members continue to use the structures. WTO dispute settlement system to resolve disagreements with their PTA partners. Whether and how these new challenges might be addressed is an open question. The principle of seeking coherence between PtAs and subsidiarity, which states that regulatory regimes should be as decentralized as possible, could be used the Wto to assess whether measures agreed at the bilateral or regional level need to be incorporated in a multilateral GAtt/Wto provisions provide exemptions under setting. certain circumstances from the mFn principle for PtAs. A number of different approaches have been proposed for improving coherence between PtAs Surveys of the application of these provisions suggest and the multilateral trading system. a relatively tolerant attitude towards PTAs. The provisions themselves are widely regarded as There may be a case for maintaining separate regimes incomplete and lacking in clarity. Recently, attention for regional and multilateral cooperation where has focused on improving transparency and the Doha particular types of cooperation are more appropriately Round negotiations have resulted in the introduction managed at the regional rather than the multilateral on a provisional basis of a new transparency level. By the same token, there are issues that cannot mechanism. be addressed adequately at the regional level. In between these two extremes, the coherence question The fact that the Transparency Mechanism for arises. Regional Trade Agreements is the only result of the Doha negotiations that has been allowed so far to go Proposals can be grouped under four headings: forward independently of the full results of the Round accelerating multilateral trade opening; fixing the suggests that WTO members are aware of the need to deficiencies in the WTO legal framework; adopting a better understand what regional trade agreements are softer approach as a complement to the existing legal about. framework; multilateralizing regionalism (extending existing preferential arrangements in a non- the quest for coherence between regionalism discriminatory manner to additional parties). These and multilateralism is nothing new. approaches are not mutually exclusive. They all aim at making sure that PTAs contribute to trade cooperation Until recently, ensuring coherence was broadly and opening in a non-discriminatory manner. understood as accepting that PTAs and the multilateral system could complement each other while imposing Lowering MFN tariffs would reduce discrimination and disciplines aimed at minimizing the negative effects thereby blunt the adverse effects of PTAs. However, that PTAs could have. Approaches to improving reducing all tariffs to zero does not seem to be coherence focused on the weaknesses of multilateral politically feasible in the present context and it would disciplines and how they could be fixed. not eliminate all potentially adverse effects of deeper integration measures. Moreover, the scope for far- Recent developments in PTA activity may well change reaching action in this domain is limited by the low the perspective on coherence. Beyond the fact that average level of existing preferential tariffs. PTA activity has accelerated noticeably since 1990, what may challenge the current thinking is that the The Doha Round includes a mandate to negotiate with new PTAs, or at least some of them, are qualitatively a view to “clarifying and improving disciplines and different from the old ones. procedures under the existing WTO provisions applying to regional trade agreements”. While Some of the new PTAs focus more on reducing negotiations on the procedural issues have resulted in behind-the-border barriers than on extending the adoption on a provisional basis of the new preferential tariffs. Given that preferential agreements transparency mechanism for regional trade 15
  • 18. WOrld Trade repOrT 2011 agreements, negotiations on rules have not advanced. Conclusions These difficulties conform to a long-standing pattern of limited progress. An over-arching conclusion of this report is that regional and multilateral approaches to trade The rationale for using a “soft law” approach would be cooperation need not be incompatible, but neither can to allow WTO members to better understand their they be seen simply as arrangements that serve the respective priorities and interests, with a view same purpose or satisfy the same needs. Support for eventually to unblocking progress towards legal an increasingly outward-looking and inclusive global interpretations of particular provisions that would trading order has been strong in the period since the ensure coherence. However, the soft law approach is end of the Second World War, and this growing trend not without risk as soft law and hard law could become towards openness has manifested itself through antagonistic to one another if the underlying conditions unilateral, bilateral, regional and multilateral for cooperation are absent. approaches. As a result of global production sharing, new forces The spread of deep PTAs and the weightier role of favourable to the multilateralization of regionalism may non-tariff commitments have important implications have emerged. The extent to which deep integration for how to evaluate the role of PTAs and how they measures in PTAs have the potential to generate the interact with the multilateral trading system. The sheer same sort of costly spaghetti/noodle bowl as number of PTAs and continuing momentum towards preferential tariffs is still a matter for debate, but there establishing more of them suggest that they are here may be a role for the WTO to reduce these transaction to stay. They respond to a range of economic and costs. political needs. Governments will need to find a coherent way of fashioning trade policy at the regional See page 164 and multilateral level. This means ensuring that PTAs and the multilateral system complement each other and that multilateral disciplines minimize any negative effects from PTAs. See page 196 16
  • 19. exeCutIve summARy Endnotes 1 These figures have been calculated excluding intra-EU trade. 2 If intra-EU trade is included, 30 per cent of world trade is preferential. 3 This figure is current as of 1 March 2011, counting notifications for agreements that are currently in force. 17
  • 20. I. World trade in 2010 Global trade flows rebounded strongly in 2010 following their collapse in 2009. The rise in the volume of goods exports in 2010 was the largest on record, enabling world trade to return to its pre-crisis level but not its long- term trend. Economic conditions continued to improve in both developed and developing economies, but the recovery of both trade and output proceeded more slowly in developed countries.
  • 21. Contents A. Introduction 20 B. the state of the world economy and trade in 2010 22 Appendix tables and charts 31